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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...

Right to Manage Application Invalid, FTT Rules

The Commonhold and Leasehold Reform Act 2002 gives leaseholders the right, under certain conditions, to take over the management of the building they live in. When attempting to exercise this right, however, it is vital to comply with the requirements set...

House with Annex Eligible for Multiple Dwellings Relief

Although Multiple Dwellings Relief (MDR) from Stamp Duty Land Tax (SDLT) was abolished earlier this year, it can be still claimed in respect of property transactions that completed before 1 June 2024, so cases dealing with its availability can be expected to...
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