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Fraudulent (deceit) and negligent misstatements concerning property
It is oftentimes the case that deceit or negligent misstatement can be made to parties in relation to property. These can cause very serious financial losss. A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...
19 Jan 2021 15:45
Brynmor Adams secures right to manage success in the Upper TribunalBrynmor Adams from Exchange Chambers has secured an important decision in the Upper Tribunal for leaseholders who wish to take control of the management of their buildings. In Bentham v Lindsay Court (St Annes) RTM Company Limited [2021] UKUT 4 (LC), the Upper Tribunal considered the interaction more...
13 Oct 2020 16:26
Property possession proceedings resume – What next?Property possession proceedings resume – What next? The stay of proceedings in possession cases, which has been in operation since 26 March 2020, has now come to an end as of 21 September 2020. Although proceedings are now underway once again, the courts are having to deal with a substantial backlog 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...
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...
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...
"New for Old": New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons
Summary In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954. The cases show that: New ancillary rights may be added where they more...
24 Jan 2018 15:13
Mahmut v Jones (Court of Appeal, 30 November 2017, Arden, Lewison and Beatson LJJ)Mahmut v Jones (Court of Appeal, 30 November 2017, Arden, Lewison and Beatson LJJ) Anthony Radevsky acted for the successful Respondents in a case under Part I of the Landlord and Tenant Act 1987. The Appellants had purchased the freehold of a building from a landlord who had failed to give the more...
Landlord’s development of retained parts
1. It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold more...
Powers of Leasing and the effect of a surrender
POWERS OF LEASING AND THE EFFECT OF A SURRENDER Gary Cowen, Falcon Chambers 1. In this presentation, I shall consider the powers of leasing and of accepting a surrender where the land is the subject of a mortgage. In particular, I shall consider this in the context of the powers of the mortgagor and more...
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