Expensive eviction
Article Abstract:
The UK Housing Act 1998 allows landlords to be fined if they are found to have unlawfully evicted their tenants. The evicted tenants must decide, before the case comes to court, whether they wish to resume the tenancy or ask for damages. The case between Wandsworth London Borough Council versus Oesi-Bonsu in 1999, was heard at the Court of Appeal. It decided the court was incorrect to allow the tenant to resume his tenancy and make the landlord pay damages. The Court of Appeal also criticised the level of damages awarded to Mr Oesi-Bonsu although it agreed the landlord was liable.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Due compensation
Article Abstract:
A case dealing with the early vacation of a premises by a tenant was heard in the UK courts. As the tenant had held the lease for longer than 14 years they felt they were due to be paid additional compensation. The landlord had requested the tenant vacate the premises under a section 25 notice. But the tenant had left the property before the notice date. Tenants must make sure they do not contravene the criteria as set out in the 1954 Act as it may result in them being unable to claim a higher level of compensation.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Old rule not ditched
Article Abstract:
A case heard in the UK House of Lords led to a ruling where the position of a boundary between two pieces of land, divided by a hedge or ditch, would be located on the far side of the ditch. The case involved Alan Wibberley Building Ltd and Insley. The UK Court of Appeal had decided the OS map had precedent over the hedge and ditch presumption. But the House of Lords felt to disallow hedge and ditch presumption would result in many boundaries being declared illegal.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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