The Court of Appeal has considered whether an intermediate landlord (K) was in breach of his implied statutory covenant to keep the structure and exterior of a dwelling-house in repair under section 11 of the Landlord and Tenant Act 1985.
The Court of Appeal has held that property owners owed each other a duty of care in circumstances where a dividing (and supporting) garden wall collapsed onto land that abutted the wall, which was owned by one of them.
The High Court has dismissed a landowner’s judicial review challenge to a local planning authority’s decision to designate Oxford Stadium (a former greyhound racing track and speedway stadium) as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBA 1990).
The Court of Appeal considered if a notice under section 21 of the Housing Act 1988 (section 21 notice), seeking possession of a property let under an assured shorthold tenancy was valid if, at the time it was served, a security deposit paid in respect of the tenancy was not protected in accordance with the statutory scheme provided under the Housing Act 2004.
The Upper Tribunal (Lands Chamber) has decided that a landlord, in a claim for collective enfranchisement by its tenants, was not entitled to require a leaseback of a unit that did not exist at the relevant date. By the same token, the landlord was not entitled to a leaseback of a unit, which was, or was included in, an area that was a common part at the relevant date. (Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd  UKUT 390 (LC).)
In Southwell v Blackburn, the Court of Appeal dismissed an appeal against a successful proprietary estoppel claim, where a cohabitee was awarded £28,500 representing a slice of equity in the property where the couple had lived.
The Court of Appeal has criticised a party which sought permission to adduce a supplementary skeleton argument in circumstances in which its original skeleton was “prolix” and longer than the Practice Directions permitted.
The High Court has held that it is possible to acquire a prescriptive easement to hang a gate over a driveway (by occupying the airspace), although on the facts the dominant landowner had not shown 20 years of continuous use of appropriate quality. (Bradley and another v Heslin and another  EWHC 3267 (Ch).)