Briefcase 2022 Quarter 4: Key real estate cases and updates
In our December update on the last quarter's key cases and updates, we cover what the cases were about, what the court said and why they were important.
- Court dismisses “bubble wrap” noise nuisance case
- What a relief! High Court grants relief from forfeiture of an option to take a new lease
- Landlord denied recovery of the cost of serving notices demanding ground rents
- English law reigns supreme at castle where foreign company is dissolved
- Pyrrhic victory for landlord in service charge dispute
Nazirali Sharif Tejani v Fitzroy Place Residential Limited (1) 2-10 Mortimer Street GP limited as a General Partner of 2-10 Mortimer Street Limited Partnership (2)
Court dismisses “bubble wrap” noise nuisance case.
"...the noise complained of is not such as to awaken the average person when sleeping in the apartment, let alone frequently. That leaves the question of whether, although the noise is not such as to disturb sleep in any meaningful way, it is still such as to materially interfere with the ordinary comfort of the average person living in the apartment. I have concluded that it is not."
Hush Brasseries Limited v (1) Rlukref Nominees (UK) One Limited (2) Rlukref Nominees (uk) Two Limited
What a relief! High Court grants relief from forfeiture of an option to take a new lease.
"By the Notice, the Defendants explained that they were terminating the Option because of the rent arrears; that is, because the Claimant breached the rent payment obligation in the Lease. It would be odd, therefore, if there was a difference in approach, in this case, from the much more common case where a lease is forfeited for non-payment of rent."
Stampfer v Avon Ground Rents Limited  EWCA Civ 1375
Landlord denied recovery of the cost of serving notices demanding ground rents.
"Giving the s.166 notice turns the lessee’s potential liability to pay rent into an actual liability ...but it is not itself the collection of rent"
You can also read our blog 'Ground rents and the costs of protecting tenants - who pays?' by Roger Cohen.
Hamilton v Her Majesty’s Attorney General And Others; Walton Properties [Ltd] v Her Majesty’s Attorney-General  EWHC 2132 (CH)
English law reigns supreme at castle where foreign company is dissolved.
"Put simply, land in England is subject to English law"
Assethold Limited v Alexandra Adam and 14 Other Leaseholders Of Corben Mews
Pyrrhic victory for landlord in service charge dispute.
"...to put in place an interim safety measure in response to a report that said the fire risk was “intolerable” cannot be said to have been irrational... nor unreasonable.."
This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.