146 results
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...
20 Feb 2019 09:25
New legislation to restrict landlords' ability to request large depositsOn 12 February, the Tenant Fees Bill 2017-2019 received royal assent and became the Tenant Fees Act 2019. This legislation, when it comes into force on 1 June 2019, will apply to tenants and prospective tenants of Assured Shorthold Tenancy Agreements and student accommodation in England; as well as 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...
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...
10 Jan 2019 10:30
Conveyancing – The Process is Going to be EasierOne of the most popular areas for Legal Secretaries to work in is the conveyancing sector. In this month's journal our Tutor, Seamus Ryan, discussed a further push by the government to make the conveyancing process quicker and cheaper..... Currently the home buying process takes, on average, between 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...
8 Jan 2019 12:24
McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch)McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh (“the Claimant”) and a lender, Bank of Scotland (“the Bank”) in respect of the borrower’s default on a loan facility which had been used to refinance commercial property in an out of 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...
20 Dec 2018 10:35
Sparqa Legal’s Top Four Christmas MoviesSparqa Legal can help your business deal with legal problems before they even arise, and allows you to respond effectively when problems do occur. Getting in the Christmas spirit, we have demonstrated below how we would help some of the characters from our favourite Christmas movies. 1. Elf A 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...
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