Although each case turns on its own facts this case provides a useful reminder when advising a tenant or a landlord what is necessary to successfully oppose renewal relying on Ground F.
read moreClick the down arrow on the below tab to show all available Property Law Library topics
Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
See the topic list on the left and from the main menu.
Variation of Leases
Pursuant to s.35 of the 1987 Act any party to a long lease of a flat may make an application to the First-tier Tribunal (FTT) for an order varying the lease. In this case, the flat roof of a ground floor extension was being utilised by the owners of the appellant as a terrace. The FTT was asked to consider the repairing obligations of the roof as the leases did not deal specifically with the point, the extension not having been documented under the ground floor lease (the Lease). An application was made by Mr and Mrs Wilson as tenants (Tenants) of the ground floor flat (Flat 1) to vary the lease pursuant to that statutory provision to clarify the repairing responsibility of the roof terrace as that of Weycroft Weybridge Ltd, as Landlord. At first instance the FTT found in favour of the applicant Tenants that the repairing obligation lay with the respondent Landlord. The Landlord appealed but the UT upheld the decision of the lower tribunal.
read moreVan Zyl v Walker-Smith [2025] EWHC 136
The Court of Appeal examined the trial judge’s approach to construction and provided a useful reminder of the correct approach to be taken by the courts.
read moreEnquiries Before Contract and Misrepresentation
This case has received considerable press attention due to the high value of the property and the high stakes in the litigation.
read moreThe Planning and Infrastructure Bill – Consequences and Unintended Consequences
Property Transactions
A buyer under a conditional contract was entitled to determine the contract and recover their deposit even though the circumstances entitling them to do so arose from their own breach of their obligations under the contract. There was nothing in the contract to suggest that the parties had intended that breach should debar a party from so doing, and it would not be appropriate to imply such a term into the contract, as such a term was neither required for business efficacy nor obvious.
read moreRent Review Dispute Resolution – Part 3
Adverse Possession of Registered Land
The Supreme Court has clarified the long-running debate about the required period of a squatter’s “reasonable belief” that the land belongs to them under para 5(4)(c) of Schedule 6 to the Land Registration Act 2002. The decision contains some useful titbits for practitioners beyond this narrow point, as will be seen below.
read moreCommercial Mortgage Lending
Nigel Clayton examines a significant ruling on bad faith and misrepresentation claims in his article on the case of Macdonald Hotels Ltd & Anor v Bank of Scotland PLC (Rev1) [2025] EWHC 32 (Comm).
This is a substantial claim for damages brought by a dissatisfied commercial borrower against its bank which gave rise to a number of inter-related issues about the scope to imply Braganaza terms, and the particular difficulties in doing so in the context of secured mortgage lending.
read more
English 