Mr Skinner applied to North Somerset Council for a copy of its legal advice following a complaint he had made to the Council alleging breach of planning control over the installation of decking at a neighbouring property. The Council had informed him that there was no breach of planning control and the Council would not be taking any further action in relation to his complaint.
Two small changes, shortly to take effect, may be of interest.
The NHS has admitted causing the death of a patient who fell from her bed at a North Devon hospital.
Succeeding to an Assured Tenancy on the death of the named tenant has recently provoked interest following one case referred to the Supreme Court and another to the Court of Appeal.
Applications can be made by property owners to the Lands Tribunal on a few specified grounds to modify covenants that restrict the use of their property. One ground is where the restriction impedes some reasonable use of the land and does not bring about any substantially valuable practical benefit or advantage or is contrary to public policy considerations. Another is where to lift or modify the restriction would cause no injury to the person who benefits from it.
A Landlord’s notice to bring to an end a commercial letting is a significant cause for concern for Tenants with a successful business from the premises in question. One ground to do so is when the Landlord wishes to redevelop.
Disputing neighbours have once again been encouraged by the Court of Appeal to settle their differences, rather than resort to litigation. In the Court’s words “the unfortunate consequence of a case like this is that, in the absence of any compromise, someone wins, someone loses. It always costs a lot of money and usually generates a lot of ill feeling that does not end with the litigation. None of these things are good for neighbours”.
If a seller wants to restrict a buyer’s right to sell the property on to someone else, the seller must take special care with the terms and conditions of the Contract for Sale. There is a significant difference whether the premises are residential or commercial in adopting the standard conditions of sale that are to apply. These were recently reviewed by the High Court.
Plymouth City Council has recently been successful in the Court of Appeal, challenging an earlier decision imposing liability on the Council for serious injuries sustained by a drunken 21 year old, who fell from the edge of land owned by the Council, down on to a car parking area attached to a Tesco store.
Owners contemplating redevelopment, frequently want to take advantage of a brief letting to generate rental income whilst development issues are resolved.
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