Related insights: Property Disputes


Telecoms case update: EE Limited & Hutchison 3G UK Limited v Duncan & Others

19 Oct 2020
The Lands Tribunal for Scotland recently heard legal arguments in nine applications by EE Limited and Hutchison 3G UK Limited (“the operators”) under para 33 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (“the Code”). The Tribunal has since issued its decision on the legal issues that were debated at the hearing (EE Limited & Hutchison 3G UK Limited v Duncan & Others). This is the first decision issued by either the Lands Tribunal for Scotland or the Upper Tribunal under paras 33 and 34 of the Code.

Surrenders and vacant possession – one without the other?

04 Jun 2020
The recent case of Dreams Limited -v- Pavilion Property Trustees Limited (May 2020) provides important lessons for landlords and tenants who have agreed a surrender of a lease. The principal issue in the case was whether, the tenant having agreed the surrender would be with vacant possession (VP), the landlord could refuse to accept the surrender unless and until VP had been given.

The Courts power to shorten or dis-apply the stay on possession claims in PD51Z

22 Apr 2020
To obtain possession of property from a residential tenant a landlord will invariably require a court order. In the vast majority of cases residential possession claims are dealt with under CPR PD 55.  On March 18 the COVID-19 pandemic led the government to announce a radical package of measures which included emergency legislation to suspend new evictions from social or private rented accommodation.

Leases, retailers and COVID-19

13 Mar 2020
On 11 March 2020 the chief of The World Health Organisation (WHO) labelled the outbreak of COVID-19 a pandemic. The WHO has called for "urgent and aggressive action" and emphasised the need to "strike a fine balance between protecting health and minimising disruption".

Dilapidations: an unfair result for the tenant?

04 Dec 2019
The recent Scottish case of Drum Income Plus Ltd v LS Buchanan Ltd involved a claim for dilapidations by a landlord against their former tenant for payment of the costs of repairing the leased premises at the expiry of a lease. Neither the tenant nor the landlord had carried out the work and the landlord did not offer to prove that he would carry out the works in the future.