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Case Law

Validity of Section 21 Notice: Amak Property Investments v Laura Sonny This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had...
Advance Rent: Piggot v Slaven and Johnson v. Old There are two important cases which clarify (though not necessarily decisively) the position on landlords accepting rent payments in advance. One concerns the accepting of the final two month’s rent in...
Test Case Yeomans v Newell : When a landlord is in breach of the tenancy deposit rules he or she is prevented from serving a valid s21 notice for possession proceedings. Despite the fact that the tenancy deposit legislation has...
Test Case McDonald v McDonald : On the 15th of June 2016 the Supreme Court in London held that an occupier of land occupied by a private individual, in a residential tenancy in this case, could not raise an Article 8...
Commercial & Residential: Can a landlord insist his tenant pays rent until the end of the tenancy term when the tenant abandons the property or surrenders the tenancy early? The case of British Westinghouse Electric Coy v Underground Electric Railways Coy...
Test Case: Spencer v Taylor and Section 21 Notices Spencer v Taylor had some major implications for landlords and agents when serving a Section 21 notice, but to some extent it simplifies things for landlords. Further legislation in the...
Test Case: Superstrike Ltd v Marino. Rodrigues The case involved a landlord who had taken a deposit from the tenant before the deposit protection rules came into force in April 2007, since changed by the Deregulation Act 2015 – see...
Test Case: Leeds City Council v Broadley This case and the subsequent High Court ruling has brought some clarification about who is liable to pay council tax, tenant or landlord, when a rental property is vacant due to a...
Edwards v Kumarasamy - the final decision. A legal update from Tessa Shepperson Last year a really worrying decision for landlords renting out flats owned on a long lease popped up, the case of Edwards v Kumarasamy. In this decision, the Court...

Case Law

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Precedent and Common Law In the UK common law forms the basis of the legal system and as such judgements and case law are particularly important as the doctrine of precedent applies. The court system has a hierarchical structure...