146 results
6 Jul 2020 15:14
Unintended Consequences: Does Trecarrell House dilute the purpose of the Gas Safety Regulations?This month the Court of Appeal handed down judgment in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 and ruled that a failure to serve a gas safety certificate before a tenant enters in to occupation of the property will not create an absolute bar on residential landlords more...
22 Jun 2020 15:49
A change in the balance of power from landlords to tenants: the Supreme Court decision in Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18By Lawrence McDonald The recent Supreme Court decision in Duval v 11-13 Randolph Crescent Limited will have far reaching consequences for multi-let residential premises such as apartment blocks. The key points resulting from it are: A renewed focus on the significance of absolute covenants as more...
22 Jun 2020 11:58
3PB reviews Trecarrell House decision on landlords’ eviction rights and gas safety certificatesYesterday. Thursday 18th June 2020, the Court of Appeal handed down their judgment in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 to state that a failure to serve a gas safety certificate before a tenant enters in to occupation of the property does not create an absolute bar more...
21 May 2020 12:42
Land Registration, Rectification of the Register: When will the Court find that exceptional circumstances justify not rectifying the register?By John Waiting A fraudster wreaks havoc and then disappears leaves two disappointed litigants to fight over the remnants. Many important judgments have arisen out of circumstances where the Court has had to decide which of two innocent parties is to lose out. However, in Dhillon v Barclays Bank Plc more...
22 Apr 2020 14:16
An Update for Residential Landlords and Tenants during the Coronavirus3PB’s Head of Property and Estates Group Matthew Cannings and Alex Leonhardt, pupil barrister, have produced an update for residential landlords and tenants during the Coronavirus pandemic. The article considers the implications of the Coronavirus Act 2020 and Practice Direction 51Z of the Civil more...
15 Apr 2020 12:56
Injunctions in the time of the Coronavirus3PB Property barrister Antonietta Grasso reviews the alternative solutions available to those whose possession claims have been delayed due to the coronavirus lockdown. Click here to read Antonietta's briefing Antonietta specialises in all property related matters, ranging from housing, boundary more...
19 Mar 2020 14:35
Covid-19 – A brief look from a probate
practitioner’s perspectiveHoping for the best, preparing for the worst: Lydia Pemberton provides useful probate guidance in the era of Covid-19. We are living in worrying times. The UK is not formally in lock-down but the writing is on the wall. Only history will show whether we acted too quickly, too slowly, too tentatively more...
3 Dec 2019 14:14
Sam Laughton considers the ruling in Aldford House Freehold Ltd V GrosvenorSam Laughton has produced a property analysis on the case of Aldford House Freehold Ltd v Grosvenor with Lexis Nexis: The Court of Appeal held that a separate set of premises is not a flat (as defined) unless at some stage in its history it has reached a stage of construction to be suitable for use more...
13 Nov 2019 11:21
A space to live or just a space?A taxpayer has won an important victory over HM Revenue & Customs (HMRC) in a case involving a claim for principal private residence (PPR) relief. Had HMRC’s view been upheld it would have meant that it was possible to “occupy” a home that did not yet even physically exist! The saga starts back in more...
5 Nov 2019 10:20
Court of Appeal rules that social housing legislation does not breach human rights – Ben Lask acts for Secretary of StateSimawi v (1) London Borough of Haringey (2) Secretary of State for Housing, Communities and Local Government [2019] EWCA 1770. The Court of Appeal has upheld the statutory rules governing the right to take over a social housing tenancy when the former tenant dies, in the face of a challenge under more...
30 Oct 2019 12:08
No surrender- Not an article about BrexitSurrender by operation of law is difficult to establish, but in an interesting case involving the Landlord changing the locks and holding onto the keys, the lease was still held, not to have been surrendered. Ever since landowners have allowed their land to be used by others in return for a fee, more...
24 Sep 2019 09:36
A high wire act in the high street!Readers will not need to be reminded that these are challenging times for retailers and their landlords. Earlier this year Jamie’s Italian went into administration and Debenhams entered a CVA. In March 2019 Paperchase announced a CVA which involved the landlord accepting a cut in rent (Times 23rd more...
19 Sep 2019 09:56
The Tenant Fees Act: Does it have any teeth?The Tenant Fees Act came into force on 1st June of this year and applies to all ASTs from that date. It was heralded as the end to hidden and arbitrary fees forced upon tenants with little to no bargaining power against landlords and their agents who demanded the charges. But, is anything going to more...
11 Sep 2019 10:58
Newsflash: Consultation on new shared ownership modelWalker Morris has reported recently on the fact that, despite shared ownership potentially offering an affordable route to home-ownership, there currently remain various problems for shared ownership scheme offerings to overcome. For example, there is still relatively low awareness of the schemes more...
7 Aug 2019 11:35
Dear Secretary of State for Housing, A plea for a coherent housing policy to improve housing deliveryRobert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently more...
7 Aug 2019 11:08
Renting Homes (Wales) Act: What landlords, lenders and receivers need to knowThe Renting Homes (Wales) Act 2016 (RH(W)A) received Royal Assent back in January 2016 but it is yet to be enacted and has no set ‘in force’ date at this time. It is, however, worth being aware of this Act. When it comes into force it will make sweeping changes to housing law and practice in Wales more...
7 Aug 2019 11:05
A parents' guide to assisting a child in a house purchaseWith the average house price having increased over 40% over the last 10 years*, it is increasingly common for loved ones to assist when buying property. It is important that the terms of this assistance are agreed in principle, advice taken and terms properly documented in advance to avoid more...
31 Jul 2019 10:39
Notices to quit: the landlord’s step-by-step guide to getting it rightThis article is intended to assist landlords and their advisors to ensure their Notice to Quit (NTQ) to determine the lease of their property is correct. It covers NTQs served against tenants occupying pursuant to a periodic tenancy for which a NTQ is required. The tenancy must therefore be outside more...
31 Jul 2019 10:35
Leasehold issues for Lenders Mini-series 4: Shared ownership update, July 2019There has been much focus of late on leasehold residential property; perceived unfairness in the market; and potentially wide-ranging reforms [1]. In a climate where leasehold houses are attracting a lot of bad press, Banking & Finance Litigation specialists Sandip Singh and Rachel Elgar look at more...
24 Jul 2019 11:35
Regeneration is not a dirty word – improving housing doesn’t always have to end with gentrificationGentrification is a divisive and tainted term. The phrase was coined by Ruth Glass in 1964 while studying the movement of people in Islington, London. She described how many urban areas of London had changed, as ordinary run-down mews and terraced housing were turned into housing for the rich. A key more...
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