Sam Laughton has produced a property analysis on the case of Aldford House Freehold Ltd v Grosvenor with Lexis Nexis: The Court of Appeal held that a separate set of premises is not a flat (as defined) unless at some stage in its history it has reached a stage of construction to be suitable for use more...

A taxpayer has won an important victory over HM Revenue & Customs (HMRC) in a case involving a claim for principal private residence (PPR) relief.  Had HMRC’s view been upheld it would have meant that it was possible to “occupy” a home that did not yet even physically exist! The saga starts back in more...

Walker Morris has reported recently on the fact that, despite shared ownership potentially offering an affordable route to home-ownership, there currently remain various problems for shared ownership scheme offerings to overcome. For example, there is still relatively low awareness of the schemes more...

Robert Jenrick, the new Secretary of State for Housing, Communities and Local Government will today complete his first week in office. His initial pronouncements about increasing housing delivery appear very encouraging. Added to which, his new boss Boris Johnson, seems keen to do things differently more...

With the average house price having increased over 40% over the last 10 years*, it is increasingly common for loved ones to assist when buying property. It is important that the terms of this assistance are agreed in principle, advice taken and terms properly documented in advance to avoid more...

This article is intended to assist landlords and their advisors to ensure their Notice to Quit (NTQ) to determine the lease of their property is correct. It covers NTQs served against tenants occupying pursuant to a periodic tenancy for which a NTQ is required. The tenancy must therefore be outside more...

There 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...

Gentrification is a divisive and tainted term. The phrase was coined by Ruth Glass in 1964 while studying the movement of people in Islington, London. She described how many urban areas of London had changed, as ordinary run-down mews and terraced housing were turned into housing for the rich. A key more...

Thinking 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...

The 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...

As 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...

Julian 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...

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...

Walker 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...

Walker 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...

Receivers 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 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...

Sam 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...

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...

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...