Possession – Article 8 Defence – McDonald v McDonald and others [2016] UKSC 28

In a very important decision, the Supreme Court handed down judgment on 15 June 2016. It was unanimously held that a tenant of a property owned by a private landlord could not rely upon Article 8 of the European Convention on Human Rights as a defence to possession proceedings....

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Prescribed Information invalidly executed by Landlord Company (technical defence to a section 21 possession claim)

In the case of Bali v Manaquel Company Limited (County Court at Central London (HHJ Hand QC), 15th April 2016) the tenant, Mr Bali successfully defended the landlord’s no fault based claim for possession on a technicality; because of a failure to execute the Prescribed Information in accordance wi...

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Effect of quiet enjoyment covenant on landlord’s right to build

The High Court considered whether a landlord had breached its covenant for quiet enjoyment and was in derogation from grant by the manner in which it carried out rebuilding works. In the case of Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch), it was held that ...

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