Legal News

While the First-tier Tribunal (FTT) is in principle a 'no costs' jurisdiction, it may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings. Recently, the Upper Tribunal (UT) upheld a...

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...

The Upper Tribunal (UT) has upheld a company's appeal against a £10,000 fine for managing or being in control of a house in multiple occupation (HMO), finding that there was no evidence that it was a person managing the property. The local authority...

It is wise to seek legal advice before making an application to the First-tier Tribunal (FTT) for a determination of liability to pay service charges. Recently, the FTT was unable to rule conclusively on whether the tenants of two flats were liable to...

The High Court recently rejected a challenge to the will of a woman who had experienced memory issues prior to making it. The woman had made the will in 2008. She left her interest in her and her husband's house to her elder daughter. After bequests of...

The register of a property's title can be rectified if it contains a mistake. The question of what constitutes proof of a mistake was the subject of a recent case in which the Upper Tribunal (UT) allowed a homeowner's appeal against a decision that title...

Both landlords and tenants can apply to the First-tier Tribunal (FTT) for a determination of whether a service charge is payable. Recently, a landlord was successful in applying for a determination that a leaseholder was liable to pay it £11,371 in...

The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate. Figures from the Ministry of Justice (MoJ) show that the...

All land in England ultimately belongs to the Crown. In a recent case which serves as something of a cautionary tale , a couple who were the directors and shareholders of a company that had owned a property when it was dissolved have been unsuccessful in...

The Upper Tribunal (UT) has upheld an appeal by the landlords of a rental property against a decision of the First-tier Tribunal (FTT) to vary an improvement notice, finding that the FTT had failed to explain why the local authority was justified in...

The High Court has ruled that a will made by an elderly woman less than two years before she died was invalid because she lacked testamentary capacity when it was made. The woman had died in October 2014 at the age of 95. In January 2013 she had made a...

The licensing regime for houses in multiple occupation (HMOs) exists to protect the safety and welfare of tenants. Recently, four tenants of an unlicensed HMO obtained rent repayment orders totalling £23,177. The tenants had rented a four-bedroom...

Recent figures from HM Courts and Tribunals Service show that the waiting time for grants of probate has remained steady for several months, following delays in processing probate applications in recent years. The average time from submission of a probate...

The Court of Appeal has rejected a supermarket chain's appeal against the dismissal of its claim for judicial review of a planning permission granted to a competitor. The Court found that the local council had correctly understood and applied the...