Lessons Learnt in Leeds for Obtaining Final Injunctions
The recent High Court decision in Vastint Leeds BV v Persons Unknown Entering or Remaining Without the Consent of the Claimant on Land and Buildings...
18th Oct 2018 Read moreLexology – Daily Feed
Negligent solicitors firm cannot rely on illegality defence despite mortgage fraud by the claimant
The Court of Appeal has ruled that there was a genuine public interest in ensuring a conveyancing solicitors' client could recover damages for...
18th Oct 2018 Read moreDelivering the promises for leasehold reform
On 15 October 2018, the Ministry of Housing, Communities and Local Government launched a consultation paper, Implementing reforms to the leasehold...
17th Oct 2018 Read moreLandlords’ motives for redevelopment - good, bad or irrelevant?
Today the Supreme Court will hear the case of S. Franses Ltd v The Cavendish Hotel (London) Limited, a case which property litigators have been...
17th Oct 2018 Read moreLina Mattsson: Did you see? You may have missed...
The Appellant tenant was a long leasehold of a flat managed by a RTM Company in accordance with the Commonhold and Leasehold Reform Act 2002 (the 2002...
17th Oct 2018 Read moreOwner of development land obtains injunction to protect against risk from trespassers
The Court has granted a final injunction on a quia timet basis (which translates as “he fears”) against specific categories of “persons unknown”...
17th Oct 2018 Read moreOccupying empty property: business rates
In a decision that will be welcomed by property owners, a recent case has considered the meaning of 'occupation' in the context of business rates and...
17th Oct 2018 Read moreThinking about overage
Overage provisions are a common feature of the development landscape, helping to ensure that a landowner receives a "fair" price for its land...
17th Oct 2018 Read moreTry before you buy?
The Express has commented on the data released by trade lending body UK Finance which demonstrates that the number of first time buyers in August was...
17th Oct 2018 Read moreTwo wrongs don’t make a right: Court of Appeal decides illegality is no defence to professional negligence claim
For public policy reasons, the Court of Appeal has held that the defence of illegality was not available to a firm of solicitors that failed to...
16th Oct 2018 Read moreMortgage portfolio transfers: how a stitch in time saves nine
Inadvertently failing to transfer the legal title to even a handful of mortgages following a portfolio acquisition can be a costly mistake. The...
16th Oct 2018 Read moreHoly HMOly
Properties that qualify as Houses in Multiple Occupation (HMOs) have long presented a potential headache for unwary landlords, but from the start of...
16th Oct 2018 Read moreRICS Professional Statement: service charges in commercial property
Last month, the Royal Institution of Chartered Surveyors ("RICS") published its latest Professional Statement, entitled "Service Charges in Commercial...
15th Oct 2018 Read moreNPPF2 & Viability
New changes to the National Planning Policy Framework (NPPF2) introduced in July 2018 represent a significant shift in planning policy and have the...
15th Oct 2018 Read moreWhen is a promise to give an interest in property binding?
Firm news It is not unusual within the context of families for promises to be made by one family member to another as regards ownership of property...
15th Oct 2018 Read moreHe ain't squatting, he's my brother
The disputed land is shown in the image above. The blue truck belonging to Mr Boot, the Appellant is repeatedly referred to in the judgment and was in...
14th Oct 2018 Read moreExtension to Cribbs Causeway refused despite questions about the viability of competing city scheme
The Secretary of State has refused (on 1 October 2018) a proposal to double the size of the Cribbs Causeway shopping centre near Bristol...
12th Oct 2018 Read moreAnother headache for conveyancing solicitors?
As many solicitors undertaking conveyancing work will be painfully aware, the exposure faced by conveyancers inadvertently involved in a fraudulent...
12th Oct 2018 Read moreTown and Village Greens: Court of Appeal Delivers a Salutary Lesson to Landowners
Are you buying or do you own sites which include open land? Planning team consultant Nigel Hewitson highlights how you may be at risk of land being...
12th Oct 2018 Read moreDancing to the wrong tune? Theresa May’s additional SDLT levy on foreign buyers
Theresa May’s announcement at the Conservative Party conference that foreign investors into the UK property market were going to be targeted with an...
12th Oct 2018 Read moreListed buildings
The opening of the public inquiry into the development of the former Royal High School in Edinburgh has heightened interest in listed buildings. Royal...
11th Oct 2018 Read moreNo shocks in Law Commission consultation on electronic signatures
In response to a request from the Ministry of Justice, The Law Commission has issued a consultation on the electronic execution of documents. Very...
11th Oct 2018 Read moreTown and Village Green - the grass may be greener following first High Court ruling on trigger events
The risk of a TVG application being made in respect of land which a developer has set its sights on has long been a cause for concern for landowners...
11th Oct 2018 Read moreTied up in knots: encroachment of Japanese knotweed
The Court of Appeal has found that landowners may be liable to pay damages if Japanese knotweed (including the plant, or its roots or rhizomes...
11th Oct 2018 Read moreDon't e(stop) til you get enough
This case shows that the equitable doctrine of proprietary estoppel can still play a significant role in deciding court cases, which runs contrary to...
11th Oct 2018 Read moreLaw against revenge evictions extended to all Assured Shorthold Tenancies
From 1 October 2018, the government’s clampdown on so called “revenge evictions” has been extended to all existing assured shorthold tenancies...
11th Oct 2018 Read moreBrexit: a cause of frustration for the EMA?
The European Medicines Agency (the EMA) is set to relocate to Amsterdam after Brexit and want to exit their London-based lease on the basis of the principle of legal...
10th Oct 2018 Read moreLandlords - enforcing a tenant’s keep open clause
With high street trading continuing to falter, the question of whether a landlord can oblige a tenant to continue trading has once again come back...
10th Oct 2018 Read moreWho really owns land in the UK?
That’s the question the UK and Scottish Governments are endeavouring to answer with two new pieces of draft legislation: The Registration of Overseas...
10th Oct 2018 Read moreWhy buy with Help to Buy?
Sometimes, it just comes down to personal preference when choosing to buy a new build or an older property - it depends on whether you prefer a little...
10th Oct 2018 Read more