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Appeal Against Service Charge Determination Succeeds

The leaseholders of a flat in a separate wing of a country house have succeeded in their appeal against a determination that they were liable to pay service charges in respect of the common parts of the house. The leaseholders had purchased the flat in...

Appeal Against Dismissal of Boundary Determination Fails

The Upper Tribunal (UT) has rejected a landowner's appeal against the dismissal of his application for the determination of a boundary between a strip of land he owned and the garden of a neighbouring house. He had originally owned a large house with...

Restrictive Covenant Was Personal to Original Vendor

The Upper Tribunal (UT) has ruled that a restrictive covenant which required the owners of land to obtain approval from the vendor before a house could be built on it was personal to the original vendor and did not benefit his successors in title. The land...

Tenant's Challenge to Service Charges Partly Successful

Tenants who are unhappy with the service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of their liability to pay service charges. Recently, a tenant who made such an application succeeded in achieving...

Supreme Court Rules on Meaning of Adverse Possession Condition

A person who is in adverse possession of registered land may apply to the Land Registry to be registered as its owner on the basis of ten years' adverse possession of it, ending on the date of the application. If the application is opposed by the existing...

Leaseholders of Flats Achieve Service Charge Refunds

It is always advisable to check the service charges you are asked to pay rather than simply assuming they are correct. This point was illustrated by a recent case in which four leaseholders obtained refunds of service charges relating to electricity costs...

Costs of Roof Repairs Not Reasonably Incurred

Tenants who are unhappy with service charges they are asked to pay can apply to the First-tier Tribunal (FTT) for a determination of whether the charges are payable. Recently, the tenants of two flats were successful in persuading the FTT that the costs of...

FTT Could Not Consider Tenancy Deposit Recovery Claim

Tenants who wish to challenge any deductions made from their deposits at the end of their tenancies should ensure they follow the dispute resolution procedures of the relevant tenancy deposit scheme. Recently, a tenant who instead applied to the First-tier...

High Court Upholds Injunction in Property Wall Case

The courts can assist homeowners whose properties are at risk of damage because of activities on nearby land. Recently, the High Court upheld an injunction requiring the operators of a hotel to reduce a build-up of earth on their side of a wall between it...

Tenants Who Did Not Pursue Case Must Pay Landlord's Costs

There is no general rule in First-tier Tribunal (FTT) proceedings that the unsuccessful party pays the successful party's costs. However, Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 allows the FTT to make an...
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