Introduction Section 21 of the Housing Act 1988 (“the 1988 Act”) provides Landlords with a way to evict assured shorthold tenants without any reason. However, to do so Landlords must jump through a number of procedural hurdles, including the service of the documents prescribed by section 21A of the 1988 Act before the service of […]
Blog - Property and Planning
August 2023 – Byrne v Harwood-Delegado: No Gas Safety Certificate in place at the start of a tenancy, no no-fault eviction section 21 of the Housing Act 1988
Should Boundary Disputes Be Allocated to the Small Claims Track?
A downloadable PDF of this article is available by clicking this link. Davis & Anor v Winner: Should Boundary Disputes Be Allocated to the Small Claims Track? Introduction Boundary disputes, whether concerning large or small amounts of land, are evidentially and legally complex. As a result, they often involve significant costs. In Davis & Anor v […]
Trigger Events under Section 15C of the Commons Act 2006 – October 2022
A downloadable PDF of this article is available by clicking this link Trigger Events under Section 15C of the Commons Act 2006 – Bellway Homes Ltd, R (On the Application Of) v Kent County Council [2022] EWHC 2593 (Admin) (14 October 2022 The High Court has revisited the issue of “trigger events” which prevent applications to […]
30th July 2021 – High Court Quashes Approval for A303 Stonehenge Tunnel Scheme
A downloadable PDF of this article is available by clicking this link. 30th July 2021 – High Court Quashes Approval for A303 Stonehenge Tunnel Scheme R (on the application of Save Stonehenge World Heritage Site Limited v S of S for Transport & Highways England and Historic England [2021] EWHC 2161 (Admin) Holgate J has […]
20th July 2021 – Court of Appeal rejects objections based upon public nuisance
20th July 2021 GARLAND & SALAMAN v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS & SURREY COUNTY COUNCIL: [2021] EWCA Civ 1098 – Court of Appeal rejects objections based upon public nuisance and confirms DMO upgrading a footpath to a bridleway was correctly made. The judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1098.pdf Article […]
Tags: General Civil, Property and Planning, Town and Village Greens
JULY 2021 – CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION
Article by Trevor Ward click here for a downloadable PDF version 6th July 2021 HIGH COURT DECIDES THAT CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION UNDER SECTION 73A OF THE TOWN & COUNTRY PLANNING ACT 1990 – Gardiner v Hertsemere Borough Council [2021] EWHC 1875 (Admin), 6th […]
Kinsey v LB Lewisham – May 2021
High Court Judgment provides important reminder as to the consequences of failures in planning officer’s reports leading to the grant of planning permission – R(Kinsey) v London Borough of Lewisham & Anor [2021] EWHC 1286 (Admin) 18th May 2021. The recent High Court decision has highlighted the importance of ensuring that officer reports leading to […]
Barton Park Estates – May 2021
High Court judgment provides useful reminder and summary of the case law in respect of the interpretation of planning permissions and the scope and effect of conditions as limitations to the permission – Barton Park Estates Limited v The Secretary of State for Housing, Communities and Local Government, (2) Dartmor National Park Authority [2021] EWHC […]
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 241 (25 February 2021) The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces […]
September 2020 – Post Trecarrell House Limited v Patricia Rouncefield
Gas Safety Certificates and Section 21 Notices: Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760 On 18th June 2020, the Court of Appeal handed down judgment in Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760. In welcome news to residential landlords, the Court of Appeal has held that a landlord is […]