Archive
of Legal Developments - Property
May 2011
- Commercial Landlords ‒ Have you considered a ‘meanwhile’ lease?
- Planning permission trumps Village green registration
March 2011
- How to make the most of your second home?
- Service Charges ‒ Landlords, don't pay the price for a poor consultation process!
- New Planning Enforcement Rights Risk Uncertainty
January 2011
November 2010
October 2010
- High value lettings - more properties need to be assured shortholds
- Once a house, always a house - an opportunity for commercial tenants to buy their freehold
- Possession proceedings - some relief for tenants of buy to let properties.
July 2010
June 2010
May 2010
February 2010
August 2009
June 2009
March 2009
January 2009
- Lease enfranchisement - What constitutes a house?
- The Government's Homeowner Mortgage Support Scheme (HMSS)
November 2008
October 2008
- Residential landlords - Benefiting from VAT zero rating on conversions
- Estate agents redress system - Residential estate agents
September 2008
August 2008
July 2008
- Why it is important for a landlord to take immediate action
- How can a right of way be used?
- Competition Commission - Competition test within the planning system?
June 2008
- Estate agents redress system
- The buyer's deposits - conveyancing transactions
- Failure to give notice of assignment leads to forfeiture
- Special protection areas and planning permission
- FSA takes action against land banking scheme
- New tribunal system from November 2008
May 2008
- Unauthorised alterations to a listed building
- A disputed boundary fence
- Changes to VAT and the option to tax from 1 June 2008
- How to decide shares in a family home when unmarried couples split?
April 2008
- Valuation clause
- Beneficial ownership of investment property
- HIPs duties extend to all homes
- Planning fees are increased
- Capital Gains Tax and Buy to Let
March 2008
- Limits on claiming rights over others’ land
- New HIPs rules coming into force
- Buy-to-let investors to be targeted by HMRC
- Bank loses right to repossession after mortgage default
February 2008
- Being refused planning permission does not equate to slavery!
- FSA accuses mortgage brokers of fraud
- Beware restrictions of rights over neighbours’ land
- Practice Guide on Personal Searches published
January 2008
- Landlord’s right to dispense with consultation upheld
- Airline should have use its best endeavours to secure agreement
- Challenges to charges due under estate management schemes
- HIPs now required for all marketed properties
December 2007
- Landlord’s right to dispense with consultation upheld
- Airline should have use its best endeavours to secure agreement
- Changes to VAT on developments of empty properties
- Court enforces right of way due to necessity for garage owner
- Court helps tenants to enforce their option to purchase
- Flats - Landlord’s power to change service charge proportions
November 2007
- Tenants beware – Landlord may not be responsible for defects
- How do co-owners change their rights over property?
- Landlords may pay for tenant’s careless behaviour
October 2007
- Money saving incentive for environmentally friendly living
- “Get off my land!” – Say it, don’t just think it
- Bound by previous promises about your land – can you get out of them?
- Promises made by a landowner – who can enforce them?
- Green light for planning permission unlikely on ‘Green Belt’ land
September 2007
- Buying property with someone else – Make sure you know your share
- Divorce settlement – Homes still not safe from bankrupt spouse’s trustee
- Easement by prescription – If only I do it long enough…
August 2007
- Who is the ‘Transferor’?
- HIPs required for three bedroom homes from 10 September 2007!
- Buyer’s deposit always a lost cause?
- New quality mark for business landlords
- HIPs are here
July 2007
- Lease warning – Make sure all agreed terms are included!
- Sellers beware of having to pay two sets of estate agents
- Building scheme – A local law to preserve the character of an area
- Before a public highway pops up – Take action!
June 2007
- Owners prevented from selling their land
- Tenant ordered to pay for sitting on the fence
- Another stealth tax? – Buy-to-let investors could face heavy tax burdens
- HIPs – RICS response to delay
May 2007
- Travelling drafts – Play fairly or pay dearly
- Estate Agents – EPC graphs for sale particulars
- Value of guarantees – A deep sigh after High Court decision
- Now you’re stuck!
April 2007
- House of Lords paves way for claims by cohabitants
- Do tenants’ pre-emption rights apply on surrender of headlease?
- Who is entitled to any unspent service charge monies at the end of a lease?
- Dilapidations – Is a freehold purchaser bound by assurances given by the original landlord?
- HIPs Update
- Code for Leasing Business Premises published
March 2007
- Certificate of lawful use does not confirm actual use
- Liability of former tenant for rent arrears under an old lease
- Notice of severance can constitute a transaction at an undervalue
- Damages for breach of right to light - The ‘feel right’ test
- Pre-emption right construed narrowly
- Exercising an option – To be or not to be … a notice
February
- Scope of chancel repair liability
- Four year time limit to enforce lack of planning permission not absolute
- Being in occupation for purposes of renewing a business tenancy
- Forfeiture of lease where tenant in administration
- Landlord and Tenant: Break clause in a lease
January 2007
- Enfranchisement - What constitutes a house?
- Landlords - Do not accept rent when you wish to forfeit a lease
- Terms in leases should not be too specific
- Sellers - Beware of HiPs day
- Landlords - Duty to make premises more suitable for disabled people?
- Easements - Extinguished by statutory notice
December 2006
- Recovery of rent - No duty on landlord to mitigate his loss
- Contract for the sale of land does not need to be in writing
- Landlord and Tenant - Who has the obligation to repair?
- Reasonableness of service charges
November 2006
- Planning enforcement notices - Eviction without court order
- Landlord and Tenant - What constitutes good estate management?
- Forfeiture of leases
- Developers - Do not obstruct light
- REITs - You can now own one yourself
- Prescribed clauses - Do not tinker with them
October 2006
- Developer could face further tax burden
- Is your land contaminated?
- No VAT registration - A warranty can amount to a condition precede
- Transitional periods under Land Registration Act 2002 expire
- Company voluntary arrangements - Guarantees can be worthless
- VAT - builders and developers
- No repair in time - No nservice charge
September 2006
- Landlords beware - Recovery of rent from former tenants
- Noise Act 1996 to apply to licensed premises from 1 October 2006
- Reminder - New planning provision in force on 24 August 2006
August 2006
- Update on HIPS
- Breach of a planning condition - what limitation period applies?
- Extension of a residential lease - when can the landlord validly object?
- Listed buildings: Getting tough on planning regulations offences
July 2006
June 2006
- Assume nothing! Silence is not consent to extension of time to complete
- Statutory Protected Tenancy - Can protection be retained even if not resident?
- Public Highways - beware time limits
- Common Ground? - Village Greens Through Community Use
- Construction - CIS to be replaced?
May 2006
April 2006
- E-Conveyancing - Pilot scheme announced
- Housing, House and Safety Rating System now in force in England
- Houses in Multiple Occupancy - the £20,000 Question
- Leasehold enfranchisement - when is a house not a house?
March 2006
February 2006
- Climate Change = New Building Regulations From 6 April
- Land Transactions to be regulated
- E-Conveyancing - Further advances to be trialled
- New planning pilots proposed
January 2006
- Squatters' Rights v. Landowners' Rights
- Fire Certificates - A Stay of Execution??
- Environmental - New Statutory CABE
- Date for the introduction of HIPS is announced
December 2005
- Government announces plans to increase house production by 50%
- Mortgage Credit in the EU
- Prescott £60,000 House Challenge: First Successful Bidders Announced
November 2005
- Online Auctions- Are they coming soon?
- Forfeiture of Lease for a commercial property-does the breach have to be specified?
October 2005
- Commercial Lease-offsetting defective property claim against rent
- Rent -What is the basis?
- Leaseholders' Right To Manage: Commercial Use Of Premises
- Local Searches - No Local Authority monopoly
September 2005
August 2005
- Planning Changes: Time Limits For Implementing Permissions
- Licensing Changes: No More 'Grandfather' Rights
- Refusal To Grant New Tenancy: Proposed Substantial Works
July 2005
- Development: Reclaiming VAT on Residential Conversions
- Adverse Possession and Human Rights - Limited Offer Only!!
- Planning Enforcement Notices: Failure To Comply
- Once a Mortgage, Always a Mortgage...
- Thou Shalt Not Trespass...?
June 2005
- Security of Tenure and Long Leases
- Disability Discrimination - A Stitch In Time?
- Houses In Multiple Occupation - Watch This Space
May 2005
- Unlawful Underletting
- Planning Changes And Your Lease - A Recipe For Disaster?
- Tenant's Obligations - A Voyage Into The Unknown?
- Developers and Contaminated Land: Update
- Surrender Of Leases - Not Without Action!
- I'm Not Paying My Rent Because You Owe Me!... The Dangers Of Set-Off
April 2005
- Great New Venture - No Written Agreement - No Claim!
- The Disability Discrimination Act 2005.
- Clean Neighbourhoods and Environment Act 2005.
- Planning Law - Change Of Use
- Adverse Possession Vs Human Rights
March 2005
- Right To Enfranchise
- Commercial Leases - Government Abandon Plans To Scrap Upwards-Only Rent Reviews
- SDLT - Budget 2005 Update
- Commercial Property And SIPPs - Be Prepared For The Change In Lending Rules
- Bad News for Out of Town Retailers?
- Fighting Fire With .Certificates? - Not Any More
February 2005
- Improvement and Development Taxation Issues - Have You Covered Your Costs?
- Rent Review Clauses - Be Aware of What You're Signing
- Business Tenancies - Grounds For Refusing to Renew
- Changes in Planning Laws - New Guidance
January 2005
- Restriction On Forfeiture of Residential Long Leases
- Less ‘Red Tape’ For Home Improvers?
- Estate Agents And Ex-Employees – Healthy Competition?
- Agreements to Sell Property - As Good As Your Word?
- Consultation On Revocation of Option to Tax
December 2004
- Right To Enfranchise - Validity of Notices
- Insurance – is your property management company authorised?
- Possession Proceedings - Broken Promises - Damages Or The Right to Stay?
- The Value Of Tenants' Improvements in Enfranchisement
November 2004
- Rising House Prices = Highest Property Taxes In The World?
- Restrictive Covenants - What Can You Do With Your Land?
- Housing Information Packs - The Battle Has Barely Begun
- 'We don't need to put anything in writing - we'll be together forever!'
- Planning Permission - Sheds with Wheels
- Turnover Rent - Value Added?
- The Best Laid Plans. Agreement for Planning Permission Not Binding
- Claiming Back VAT - Conversion of Non Residential Property
- Contaminated Land - Health Warning for Developers
- New FSA Rules - A catch for Landlords and Agents?
October 2004
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