Insights
Briefcase 2024 Quarter 3: Key Real Estate Cases and Updates
Sep 30, 2024
Case 1: The Manchester Ship Canal Company Ltd v United Utilities Water Ltd
Water law statute does not oust private law nuisance claims against polluting sewerage undertakers.
Supreme Court considers whether a private landowner may bring claims in nuisance or trespass when its waterway is polluted by discharges of foul water maintained by a statutory water company.
Case 2: Tanfield and others v Meadowbrook Montessori Ltd
Classroom chaos: the costly consequences of unlawful forfeiture
The court dismissed a winding up petition brought by a landlord against its tenant, on the basis of the tenant’s “strongly arguable” cross claim for damages for unlawful forfeiture.
Case 3: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd
Supreme Court validates ‘Right to Manage’ claim despite failure to comply with statutory notice requirements.
Failing to serve a claim notice on an intermediate landlord in accordance with the Commonhold and Leasehold Reform Act 2002 will not necessarily invalidate the exercise of a right to manage.
Case 4: Cleveland Potash Ltd v Drummond and others
Ignore the periodic table. High Court finds: salt is a metal.
The High Court had to decide whether a mines and minerals reservation clause in a lease covered potash and rock salt.
New law: Renters’ Rights Bill
First proper look at what’s in store for the private rented sector under the Labour government’s Renters’ Rights Bill.
The Renters’ Rights Bill was published on 11 September 2024 and will extend rights for tenants further than its Conservative predecessor, the Renters (Reform) Bill.
Related Practice Areas
-
Real Estate Disputes
