June 2008
Co-ownership
Stack v Dowden
The Court of Appeal has applied the presumption established in Stack v Dowden that a property in joint names is to be treated as jointly owned, even though one party contributed far more in financial terms to the cost of the property than the other. More...
Landlord and tenant (general)
Management regulations - are they reasonable
In this case, the Court of Appeal had to resolve a dispute arising from serious congestion problems in a car park on an industrial estate and decide whether a scheme put in place to regulate the car parking was reasonable or not. The burden of proof, the Court of Appeal held, lay with the tenants to show that the scheme was unreasonable. More...
Nuisance
Damages - breach of right to light
It is not possible to claim an account of profits in a right to light case. More...
Property litigation
Dilapidations claims
The Property Litigation Association has revised its Dilapidations Protocol; in conjunction with the RICS which has revised its Guidance Note on Dilapidations. The Protocol is a well set out and useful tool for ensuring that dilapidation claims are dealt with in a sensible and comprehensive manner. More...
Housing - proportionate dispute resolution
The Law Commission has published its report on alternative methods of resolving disputes relating to housing matters. More...
Property transactions
Overage
The provisions of an overage deed, where these are not clear, should be interpreted in accordance with the commercial purpose of the document. More ...
Section 2 of the 1989 Act
In this case an oral agreement for the grant of a lease was upheld because it was a short lease. More ...
Execution of deeds by companies
The Land Registry has revised Practice Guide 08 - Execution of deeds to reflect the changes introduced by s44 of the Companies Act 2006, which came into effect on 6 April 2008. More ...
HIPs and EPCs
See Michael Garsons monthly update here.
Residential tenancies
Termination by one of joint tenants
A local authority was in breach of Article 8 of the European Convention on Human Rights in attempting to obtain possession on the basis of a notice to quit served by one of two joint tenants. In all cases where a local authority sought possession of a person’s home article 8(2) was potentially engaged requiring an examination of the occupier’s personal circumstances to form part of the consideration as to whether to make a possession order. More ...
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Gary Webber
3 June 2008
www.propertylawuk.net
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