121 results
24 Apr 2019 14:59
Leasehold market reform on a ground-breaking scaleWalker Morris has monitored and periodically reported on the Government’s review of perceived unfairness within the leasehold market and the potential reinvigoration of commonhold as an alternative to leasehold ownership [1]. On 19 March 2019 the Housing Communities and Local Government Committee more...
23 Apr 2019 08:52
On the receiving endReceivers and possession, Cecily Crampin and Tricia Hemans suggest looking past the agency device. This article was first published in the New Law Journal on 22nd March 2019 If tasked with running the argument that no man can sue himself, one might think oneself onto a winner. Surely it must be an more...
General and determined boundaries
General boundaries 1. The registration of land was first introduced in 1862. It was initially based on fixed boundaries. But by the Land Transfer Act 1875 that concept was replaced with the “general boundaries rule” which has been in place ever since. Land Registry plans are based on Ordnance Survey more...
17 Apr 2019 13:05
Sam Laughton discusses recent case where easement implied in favour of mortgage over non-mortgaged landSam Laughton, barrister at Ten Old Square Chambers, explores the decision in Taurusbuild Ltd and others v McQue which appears to be the first time a court has suggested that, when an owner of two adjoining properties grants a mortgage over one of them, easements can be implied in favour of the more...
11 Apr 2019 10:44
When do you lose the right to challenge the recoverability and reasonableness of service charges?A tenant is entitled to make an application to the First-tier Tribunal (Property Chamber) to challenge the recoverability and reasonableness of service charges pursuant to section 27A of the Landlord and Tenant Act 1985 (“the 1984 Act”). But just how far back can a tenant go when challenging their more...
10 Apr 2019 08:38
Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2019] EWHC 454 (TCC)Robert Clay successfully acted for the owners and occupiers of a north London home against the architect commissioned to convert the property’s Pool House into a function room and to build a home cinema. The cinema room was supposed to be a glass box on legs with a sleek modern look. The room that more...
3 Apr 2019 09:45
Implication, Implication, Implication: When is an Estate Agent entitled to commission?Introduction Not since the 1950s has there been authoritative consideration of Estate Agents’ contracts. In Dennis Reed Ltd v Goody [1950] 2 QB 277 the Court of Appeal considered whether an agent who was engaged to find ‘a person ready willing and able’ to purchase the owner’s property was entitled more...
1 Apr 2019 15:45
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. In the last week, Paperchase has announced a CVA which will involve the landlord accepting a cut in rent (Times 23rd March 2019). They are said to have struck a deal whereby they negotiated more...
27 Mar 2019 09:41
Residential landlords – Gas safety is paramount to possessionWalker Morris’ Housing Litigation experts Karl Anders and Zoe McLean-Wells explain two recent cases which highlight that compliance with gas safety is an essential pre-requisite for residential landlords wishing to recover possession. Recovering possession by section 21 notice Residential landlords more...
20 Mar 2019 10:35
We are recruiting!!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
13 Mar 2019 10:06
And now for something completely different: Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch)A property blog should provide comforting reading material to which the keen property lawyer may resort by way of distraction from what is going on in the outside world: a refuge from the overload of information which in these days of rolling 24-hour news and screen-addiction would otherwise prove more...
Common law dedication of highways: the effect of the highway authority's ownership of the route
What about the scenario where there is a good argument that a dedication has occurred subject to a limitation (e.g. a gate) that would otherwise be an unlawful obstruction to a highway? The legal fiction would presumably be that the limitation somehow reflects the intention of the owner of the route more...
18 Feb 2019 11:05
Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India QuayLina Mattsson, a barrister at Hardwicke, discusses the emergence of the Wednesbury test for discretionary powers in leases andits recent application in the Court of Appeal in No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018]EWCA Civ 250. In property law, discretionary powers more...
18 Feb 2019 10:43
Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies"The field of residential leasehold conveyancing is an area fraught with pitfalls for the unwary. In a high proportion of residential transactions, the value will be modest, and the incautious solicitor may be tempted to undertake a lower level of due diligence than in a transaction of a higher more...
8 Feb 2019 16:37
Japanese Knotweed: An invasive problem for local authoritiesChristopher Moss has written an article regarding the problem that Japanese knotweed poses to Local Authorities, Housing Trusts and other large land owners, following the case of Network Rail Infrastructure v Williams [2018] EWCA Civ 1514. Christopher is an expert in land law, nuisance and trespass more...
6 Feb 2019 08:57
A reminder of the possible difficulties when one party relies on another to take out insurance: Palliser v FateIntroduction The recent decision of Andrew Burrows QC, sitting as a Judge of the High Court, in Palliser Limited v Fate Limited (In Liquidation) [2019] EWHC 43 (QB), is a useful reminder of the difficulties that can arise where one party (here a tenant) relies on another (its landlord) to take out more...
5 Feb 2019 12:14
Completion and the risks it poses to conveyancersCompletion is the final hurdle in a land transaction and given that the key legal ’moment’ is exchange, we might all be excused for thinking that there is not a huge amount to say about completion itself. But it is a crucial step along the way to ensuring the transaction itself is complete, it is more...
28 Jan 2019 10:17
Which? considers house price predictions for Brexit and beyondAs the UK endures continued economic and political uncertainty and braces for the possibility of a no-deal Brexit, consumer group Which? has analysed the housing market over recent years and has published expert house price predictionsfor Brexit and beyond. The article is interesting reading for more...
23 Jan 2019 09:15
Supreme Court confirms commercial tenant’s statutory right to a renewal leaseThe Supreme Court has confirmed, in the case of S Franses Ltd v Cavendish Hotel (London) Ltd [footnote 1], that a landlord cannot oppose a tenant’s right to renew its tenancy on the grounds of redevelopment or reconstruction if there would be no intention to carry out the proposed works should the more...
18 Jan 2019 15:29
Costs, forfeiture and waiver: an unholy trinityIntroduction On 5th December 2018 HHJ Huskinson handed down his decision in Stemp and anor v 6 Ladbroke Gardens Management Ltd [2018] UKUT 375 (LC). This was an appeal to the Upper Tribunal (“UT”) from a decision of the First-tier Tribunal Property Chamber (Residential Property) (“FTT”) that the more...
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