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Monthly Update
July 2010
On this page you will find summaries of the material contained in this month's update pages. For the full update use the section contents box on the side or use the drop down menu. Full members who wish to download the full update as a newsletter in a pdf or word format should go to the download page. There will be no update in August. The next will be early in September 2010. Have a great summer.
Gary Webber
5 July 2010
Landlord and tenant (general)
Surrender: Negotiations between a landlord and a prospective tenant for the grant of a new lease of premises, which are ultimately unsuccessful, are not an unequivocal acceptance by the parties to the existing lease that it has come to an end by surrender. More...
Long leases
Leasehold enfranchisement: This appeal to the Upper Tribunal concerned three of the assumptions which must be made under s9 of the Leasehold Reform Act 1967 in valuing the freehold of a house which is being purchased by the tenant. More...
Nuisance and trespass
This case is concerned with the circumstances in which a “measured” duty of care will be imposed on a landowner in respect of nuisances which occur on his land, but for which he was not responsible; and the scope of that duty. In this case it was not reasonable to expect a local authority to carry out substantial works to abate a nuisance which had not been caused by it but by the owners of a neighbouring property. More...
Planning
Section 106 agreements and third parties: See Property transactions.
Property transactions
Section 106 agreements: There are two points in this case: (i) A third party who benefits under a s106 agreement is not able to enforce that agreement for its own benefit. (ii) Failure to comply with the requirements of s2 of 1989 Act will not invalidate a s106 agreement made in favour of a third party. More...
Public access
Town and village greens: The claimant failed in a challenge to the registration as a town or village green of land known as Yeadon Banks on the outskirts of Leeds on the grounds that the inhabitants were not inhabitants of any locality, or of any neighbourhood within a locality. More...
Residential tenancies
Tolerated trespasser: The ghost re-appears! The estate of a deceased tenant could apply under s85 (2) (b) of the Housing Act 1985 to revive a secure tenancy which had terminated due to breaches of a suspended possession order. More...
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To access full details in relation to each topic click on the appropriate links in the section contents box on the side. You can also use the drop down menu at the top of each page. To download the full update as a newsletter in a pdf or word format go to the download page.
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The monthly update is also available to members in a newsletter/pdf format or as a word document. To download these documents members should go to the download page. Click here.
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