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Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT - SERVICE CHARGES - recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC) This was an appeal on a leaseholder's challenge to the payability of legal costs...
As we University academics are currently on strike (pension cuts - see today's report and this Guardian article), I can catch up on a little blogging as a form of "teaching out". While Bristol Combined Court was flooded, HHJ Matthews, an academic judge,...
Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving. This is not just because of the claims discussed - whether beach huts were fixtures or chattels, whether a lease had been granted to the...
What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18? The standard answer is that Cobbe involved commercial parties who, well, ought to have known better...
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my...
In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel. The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it demonstrates the...
The House of Lords have again considered the nature and extent of proprietary estoppel in Thorner v Majors [2009] UKHL 18. Regular readers will recall we discussed their decision in Yeoman’s Row Management Limited (Appellants) and another v Cobbe...
A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by...
In St Pancras & Humanist HA v Leonard [2008] EWCA Civ 1442, the Court of Appeal held that, although Mr Leonard had possession of the relevant property (a garage), he nevertheless was estopped from claiming a right by adverse possession against the...
I'm not going to do a report on this one as it is a) epic, b) unprecis-able and thankfully c) pretty much off topic for housing law. But anyone who, like me, is a bit of an equity hobbyist on the side, the House of Lords judgment in Yeoman’s Row Management...
There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand...