121 results
15 Jan 2019 10:46
Implying ‘Braganza’ duties into mortgage contractsA recent High Court case has shed some light on the extent to which the courts may imply additional duties into mortgage agreements requiring lenders to make decisions by way of processes that would be “lawful and rational in the public law sense”. Banking Litigation specialist Christina Gill more...
15 Jan 2019 09:29
Stretching the elastic until it snapsHow long have you got to apply for relief from forfeiture for non-payment of rent? Spoiler alert: not as long as you think. Let’s start with the statutory framework: In the County Court, the governing provision is s.138 County Courts Act 1984. Subsection (9A) permits an application for relief within more...
Can't see the wood for the trees?
As part of my property work, I have recently needed to research the law relating to trees. A small registered company owned by residents of a “country house development” of about 15 properties has extensive grounds which are laid out to parkland. The directors were concerned as to the company's more...
9 Jan 2019 10:03
Consultation on CommonholdIn April 2018 we explained that the Law Commission had launched a call for evidence on commonhold home ownership as part of the UK Government’s wider aim to overcome the perceived unfairness of the leasehold market (which we covered in August 2017). The appetite for leasehold reform has put more...
8 Jan 2019 14:42
Property Litigation column: What an interesting vest: vesting orders following disclaimer of a leaseDaniel Gatty discusses the recent High Court ruling in Leon v Her Majesty’s Attorney General and others [2018] EWHC 3026 (Ch) and its impact on the grant of vesting orders following the disclaimer of a lease. Readers of this column will be aware of the complications that can ensue when a lease is more...
2 Jan 2019 14:23
The Lease/Licence distinction and Property GuardianshipThe often crucial lease/licence distinction has arisen in an increasingly prevalent context – property guardianship. Housing Management & Litigation experts Karl Anders and Zoe McLean-Wells explain. Lease/Licence distinction… The 1985 case of Street v Mountford [footnote 1] confirmed that the grant more...
17 Dec 2018 16:21
Newsflash: Freehold Properties (Management Charges and Shared Facilities) BillHouse builders face the difficult task of building more homes whilst also maintaining positive relationships with customers and communities in the face of mistrust engendered by a developer-unfriendly media. This is against the backdrop of trying to run a successful, profitable business for the more...
17 Dec 2018 14:56
Taking possession without an order: A recipe for an unfair relationshipLenders that have been granted security over a debtor’s property typically have two options when seeking to take possession: they can apply to the courts for a possession order; or they can exercise their common law right and take possession without a court order. Until recently, it seemed more...
13 Dec 2018 15:46
Law Commission consultation on leasehold enfranchisement reformThe Law Commission has undertaken a “root and branch review” of all aspects of enfranchisement law and is consulting on detailed and wide-ranging proposals for reform. Housing Management & Litigation experts Karl Anders and Zoe McLean-Wells summarise some of the headline proposals and urge more...
10 Dec 2018 09:38
Newsflash: Dedicated Housing Court? Have your sayHousing Management & Litigation expert Karl Anders explains the Government’s call for evidence on the case for a dedicated Housing Court. Have your say by 22 January 2019. Call for Evidence: the case for a Housing Court The UK Government has publicised its commitment to ensuring that everyone, more...
30 Nov 2018 13:51
The Disclosure Pilot: time to get readyParties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an more...
30 Nov 2018 09:14
Duval v 11-13 Randolph Crescent Ltd and the contingent obligation principle; or ‘What do promises to marry have to do with leasehold covenants?’In Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 the Court of Appeal applied what might be called ‘the contingent obligation principle’ to solve a problem that had arisen between the landlord (11-13 Randolph Crescent Ltd) of two houses that had been converted into 18 flats and two of the more...
28 Nov 2018 11:00
Long residential leases: Statutory pitfalls and protectionsLandlords and tenants of long residential leases should note key provisions in the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) which can either represent pitfalls or important protections when it comes to the service of notices, recovery of arrears and forfeiture. Walker Morris’ Housing more...
28 Nov 2018 09:17
Market Matters: November 2018A slightly negative trend for national house prices is being fed by a recent softening in new buyer demand, according to the RICS UK Residential Market Survey for October 2018. Sales were reported to be flat or negative across 11 of the 12 UK regions/countries during October. Respondents to the more...
14 Nov 2018 16:51
Is this the end of witness statements?I don’t know if it has come across your desk (or pinged up on your email), but there is an important survey being undertaken right now concerning the future role (if any) for factual witness statements in the Business & Property Courts. The survey link is here and I strongly encourage you to respond more...
8 Nov 2018 09:18
Injunctions in Anticipation of the Inevitable – Illegal Raves, Flytipping and TravellersThere are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”. The owners of development land know only too well that in the often long periods before construction starts their land is vulnerable to fly tipping, illegal raves and occupation by more...
2 Nov 2018 09:16
'Top notch' Ten Old Square recognised for its expertise by the independent legal directoriesTen Old Square are “acknowledged as one of the finest, full-service Chancery sets, containing many outstanding barristers” in this year’s Chambers and Partners UK Bar 2019 rankings. We are recognised as “… a set that employs the latest technology and know-how to deliver a modern and efficient client more...
29 Oct 2018 12:14
Inquest into the death of Leon HoyleDavid James represented a Property Management and Lettings Company at the Inquest into the death of a 12-year-old boy who had tragically fallen through the roof of a disused building. This case was reported in the BBC and the Independent. more...
23 Oct 2018 13:45
Residential Landlords – are your advisers committing a crime, which could also see your possession case thrown out of Court?Following a recent cautionary case for residential landlords, Walker Morris partner and specialist Housing Management and Litigation solicitor Karl Anders explains why possession claims should be handled by properly qualified legal professionals. Market context There has been a proliferation, in more...
19 Oct 2018 08:53
Trespass: obtaining injunctions against “persons unknown”In recent years there have been a spate of trespass cases involving so-called “urban explorers”. Broadly, a group of individuals, having breached security measures, gain access to particular (often iconic) sites or buildings and record their activities, which are then posted onto social media. The more...
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