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23 October 2026
Issue: 8182 / Categories: Legal News , Property , Landlord&tenant , Leasehold
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NLJ this week: Property pitfalls

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Property practitioners face guidance on service charges, disputed boundaries and possession, with decisions exposing pitfalls in agreements and enforcement

Writing in NLJ this week, Fern Schofield and Gwyneth Everson of Falcon Chambers survey rulings ranging from right to manage claims to default interest.

An undivided car park defeated right to manage claims because statutory requirements concern actual physical divisions. Elsewhere, a managing agent’s employee could provide service charge estimates without holding a surveying qualification.

Temporary rehousing and storage costs during repairs were recoverable under the relevant leases. But a settlement requiring a future lease surrender was entirely void after failing statutory requirements.

Boundary disputes, access injunctions and late defences also feature, alongside a decision setting aside charging orders because the debtor’s father held the beneficial interest.

The authors close with a warning for borrowers: repayment offers were not ‘valid tenders’ and failed to stop default interest continuing at 4% monthly.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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