146 results
24 Jul 2019 11:21
Changes to Capital Gains Tax on the sale of residential propertyThinking of selling your home? Don’t get caught out by the latest changes to Capital Gains Tax from HMRC. In this blog, Carolyn Byrne highlights the key facts and explains who needs to be the most vigilant when it comes to future property sales. As from 6 April 2020, HM Revenue & Customs will more...
17 Jul 2019 10:46
Court of Appeal Gives Judgment in Livewest v Bamber [2019] EWCA Civ 1174The Court of Appeal has handed down judgment in Livewest v Bamber [2019] EWCA Civ 1174 - a case concerned with whether or not 6 months notice is required to end a fixed term tenancy by the use of a break clause. In February 2017 Miss Bamber was granted a fixed term assured shorthold tenancy for 7 more...
1 Jul 2019 11:19
Orthodox housing association can cater only to strictly orthodoxZ & A v another, R (on the application of) v London Borough of Hackney and Agudas Israel Housing Association Ltd [2019] EWCA Civ 1099 The Agudas Israel Housing Association (“AIHA”) owns and allocates social housing exclusively to members of the Orthodox Jewish community. In these proceedings it more...
19 Jun 2019 09:16
Recreational Easement – A New Species Fit for the Modern LifeAs the pursuit of recreational and leisure activities becomes a significant part of our use and enjoyment of property, the signs are that the law of easements is trying to keep pace, evolving and adapting to comprehend and protect new and emerging rights. Easements, being “non-personal rights more...
10 Jun 2019 14:37
Julian King and Charlotte Rimmer prosecute Property Investment Fraud caseJulian King from Exchange Chambers, instructed by the Insolvency Service, led Charlotte Rimmer, also from Exchange Chambers, in a student property investment fraud case. Liam Collins (45 years old) and David Bone (37 years old) both appeared for a trial due to last 5 weeks on 16th May 2019. On that more...
13 May 2019 11:20
Should we be worried about the proposed changes to s.21 and to the private rented sector?The Government has announced plans to consult on new legislation to abolish section 21 Housing Act 1988 notices. The Government’s press release on 15th April 2019, “Government announces end to unfair evictions” states that the change is necessary because 4.5 million people in England (19% of more...
30 Apr 2019 14:24
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...
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 13:36
Court of Appeal finds housing allocation policy to indirectly discriminate against Irish travellers and refugeesWard and Gullu v London Borough of Hillingdon [2019] EWCA Civ 692 This case hearing concerns two appeals. The first involves an appellant of Irish Traveller descent and the second appellant is a Kurd of Turkish nationality, who was awarded refugee status in April 2013. Both parties claim they were 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...
17 Apr 2019 08:45
The Tenant Fees Act 2019 to be discussed at 3PB seminar on 15 MayOn 11th April 2019, the Tenant Fees Act 2019 (Commencement No.3) Regulations 2019 were issued. These provide for the bringing into operation of the following sections: Sections 25 – 27 and 29 (dealing with the lead enforcement agencies) on 15th April 2019 The balance of the Act (not already in force 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...
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