Case Law and Tribunals

Our comprehensive hub for navigating the legal landscape of property disputes and regulations. In this section, we delve into precedent-setting cases, legal interpretations, and tribunal decisions that shape property law and governance.

Teign Housing v Lane [2018]

The High Court allowed an appeal against a decision to refuse a landlord’s application for possession of a residential flat. Case commentary from CMS Law-Now

24 January 2018
Ralph Kline Limited v Metropolitan and County Holdings Limited [2018]

This case turned on the construction of a lease when both roofs and the airspace above them have been demised to a leaseholder.

23 January 2018
Atherton & Ors v M B Freeholds Ltd [2017]

This case looks at whether the insurance costs of a whole building were recoverable by the landlord.

18 January 2018
Streamlining litigation

Proposed changes aim to streamline property litigation in England and Wales. Read more from CMS Law-Now here.

17 January 2018
Pressfab Engineering Ltd Re Grange Point [2017]

Whether the cost of maintaining parts of an estate falls within service charge provisions depends on the wording of the relevant lease.

15 January 2018
Freehold estates & the powers of the Tribunal

Does the FTT have the power to appoint a manager to an estate with a mix of freehold and leasehold properties, asks Brady Solicitors?

2 January 2018
Freehold Managers v Celestia [2017]

This High Court decision turned on the construction of an outgoings covenant in a number of subleases.

22 December 2017
Matier v Christchurch Gardens (Epsom) Ltd [2017]

This case looks at whether or not legal costs in service charge disputes that far exceed the amounts challenged before a tribunal are reasonable.

22 December 2017
Iris Hyslop v 38/41 CHG Residents Co Limited [2017]

Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision

1 December 2017
De Havilland Studios Ltd v Peries

This case turned on whether it is better to repair or replace when the lease permits both.

24 November 2017

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