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Landlord and Tenant Updates

Renting out property on an Assured Shorthold Tenancy?

Written by: Lisa Wilcock

Are you complaint?

Lisa Wilcocks explains what steps landlords must take to ensure that on ending an Assured Shorthold Tenancy any notice will be valid. 

Finality Achieved At Last in Intractable Building Contract Dispute

Published on: 12 September 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Finality Achieved At Last in Intractable Building Contract Dispute

Construction projects sadly do not always run smoothly and, in one case, developers and a contractor fell out so badly that no less than five adjudications and two High Court hearings were required to achieve a final resolution.

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Regeneration Project Survives Public Procurement Challenge

Published on: 04 September 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a case which raised important issues in relation to public procurement, the High Court has refused to strike down a development agreement entered into by a local authority with the objective of comprehensively regenerating a run-down industrial estate.

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Long Lease on Your Home? Do You Understand Your Obligations?

Published on: 15 August 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Long Lease on Your Home? Do You Understand Your Obligations?

Those who hold long leases over their homes often think that their position is almost exactly the same as a freeholder. However, one case in which a tenant with a 999-year lease was accused of making unauthorised alterations to his property showed how very wrong that assumption can be.

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Cannabis Farm Social Housing Tenant Escapes Eviction

Published on: 11 July 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a ruling which is bound to cause consternation amongst social housing providers, the Court of Appeal has refused to order the eviction of a single mother who told a pack of lies after 300 cannabis plants were found in her spare bedroom.

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Holiday Homes Landlord Pays Dearly for Ignoring Fire Safety Rules

Published on: 19 June 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Fire safety rules are there to protect the public and property owners who are subject to them should take careful note of a case in which a holiday homes landlord was hit hard in the pocket for a catalogue of breaches.

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Buying Development Land? Watch Out for Restrictive Covenants!

Published on: 14 January 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Buying Development Land? Watch Out for Restrictive Covenants!

In a case which served as a salutary warning to property developers, a company’s plans for a prime plot of urban land were hamstrung by restrictions on the use of the site which had been in place for almost 60 years.

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What is a 'House' for Leasehold Enfranchisement Purposes? High Court Rules

Published on: 13 December 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

What is a house? Most people would think there is a simple answer to that question but it is an issue that has taxed lawyers ever since the introduction of leaseholder rights to acquire the freehold of the properties which they occupy.

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Supreme Court Overturns Lease Payment Decision

Published on: 01 December 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Supreme Court Overturns Lease Payment Decision

In a surprising reversal of a 2013 Court of Appeal decision, the Supreme Court has today ruled that a landlord who received rent in advance for an entire quarter when the break notice was effective half way through the quarter does not have to repay the overpayment.

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Property Developers Can’t Prove Bank Skulduggery

Published on: 08 November 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Suspicions are rife that certain banks may have deliberately engineered clients into defaulting on loans so that they can step in to pick up the pieces and make a profit from turning around viable businesses.

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Assured or Regulated Tenancy? It’s Not Always Easy to Tell

Published on: 12 March 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Assured or Regulated Tenancy? It’s Not Always Easy to Tell

The distinction between assured and regulated residential tenancies is crucial when it comes to rent obligations and security of tenure; however, the dividing line is not always easy to draw as a decision of the Upper Tribunal (UT) revealed.

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Waste Facilities Have To Be Built Somewhere

Published on: 09 March 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Almost nobody would want a waste plant near their home but the weight of rubbish created by the modern world means that they have to be built somewhere. In a case which illustrated the point, the High Court has approved plans for a residual waste facility in the Somerset green belt.

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Nationally Important Waste Facility Gets Green Light

Published on: 18 February 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Plans for a state-of-the-art energy-from-waste plant and recycling facility – which are considered to be of ‘national significance’ – have received the green light after the Court of Appeal rejected a challenge to the scheme.

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Commercial Tenants – Are You as Secure as You Think?

Published on: 10 February 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Commercial Tenants – Are You as Secure as You Think?

Most commercial tenants will know that they have a right to apply for new tenancies at the end their leases. However, many will be ignorant of the fact that their security of tenure can be undermined if their landlord plans to demolish and reconstruct the buildings they occupy.

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‘Ransom’ Value of Shooting Rights Disregarded

Published on: 12 January 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In a guideline case on the valuation of property rights perceived as holding ‘ransom’ value, a landowner whose shooting rights were compulsorily acquired by a local authority has had his hopes of a £5.6 million compensation payout dashed.

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Social Housing Employees – You Don’t Have To Put Up With Intimidation!

Published on: 18 September 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Those who work in the social housing field know that dealing with angry tenants is all part of the job. However, they are entitled to go about their lives free from fear and one case showed that the courts will come down hard on those who intimidate them.

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Land Registry Searches Are Useful But Not Foolproof!

Published on: 12 September 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Land Registry Searches Are Useful But Not Foolproof!

Land Registry searches are a vital part of conveyancing and are usually an effective means of ensuring that property buyers understand exactly what it is that they are purchasing. However, one tribunal case underlined that they are not foolproof because not every right in respect of land has to be registered.

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When Does a Draft Deal Become a Binding Agreement? High Court Guidance

Published on: 24 August 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

As any property professional will know, negotiations can be tense and it is common for various draft agreements to fly between parties without any final deal in fact having been reached. Exactly that happened in one case involving the proposed lease of a luxury central London home at a rent of £6,500 a week.

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Property Disrepair and Landlords’ Liabilities – Supreme Court Ruling

Published on: 19 July 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Property Disrepair and Landlords’ Liabilities – Supreme Court Ruling

In a decision of importance to landlords and tenants, the Supreme Court has ruled that property owners cannot be held liable for the consequences of disrepairs of which they have not been notified.

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Multiple-Occupancy Home Developers Boosted by VAT Ruling

Published on: 26 June 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

The tax regime is playing a central role in the government’s drive to create more new homes. In a case which proved the point, a tribunal favoured a broad interpretation of VAT legislation and found that a house in multiple occupancy can properly be viewed as a zero-rated dwelling.

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Trying to Settle a Dispute? You Can Speak Freely to a Solicitor

Published on: 19 January 2016 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Trying to Settle a Dispute? You Can Speak Freely to a Solicitor

Conversations with solicitors that are designed to achieve a compromise of legal proceedings are generally ‘without prejudice’ and admissions made cannot be relied upon in court. In an important decision, the Court of Appeal has analysed the extent of that rule in the context of a landlord and tenant dispute.

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Scrawled ‘OK’ Not Enough to Signify Mortgage Lender’s Consent

Published on: 22 December 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Scrawled ‘OK’ Not Enough to Signify Mortgage Lender’s Consent

Commercial mortgages very often specify that the lender’s consent must be obtained before the premises can be let to tenants and, in one guideline case on the point, the High Court has ruled that a scrawled endorsement consisting of the letters ‘OK’ on a letter did not amount to such consent.

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Contract Adjudicators Can’t Always Be Right!

Published on: 10 December 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Contract adjudicators do valuable work in promoting the swift resolution of disputes at relatively low cost – however, they do not always reach the right conclusions and the courts are there to put right any injustice caused.

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High Court Backs Contract Adjudicator in Building Dispute

Published on: 16 November 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

High Court Backs Contract Adjudicator in Building Dispute

The courts are generally keen to support contract adjudicators whose task it is to resolve disputes speedily and at much lower cost than litigation. In one case which proved the point, a company was criticised for ‘scrabbling around’ in search of technical reasons why it should not have to abide by an adjudicator’s awards.

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Commercial Building Cladding ‘Defects’ Trigger £2 Million Claim

Published on: 28 October 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

In considering a £2 million claim in respect of allegedly dangerous defects in the cladding of a landmark commercial building, the High Court has given important guidance on the effect of contractual terms which seek to place time limits on potential liability.

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Aircraft Safety Concerns Scotch Wind Turbines Scheme

Published on: 11 March 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Aircraft Safety Concerns Scotch Wind Turbines Scheme

Wind turbines marching across the countryside are not to everyone’s taste and are a constant source of controversy. However, it was concerns about aircraft safety, not the visual impact on the landscape, which resulted in planning permission being refused for two 100 metre high turbines in rural Norfolk.

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Council Slammed for ‘Serious Breach’ of Public Procurement Rules

Published on: 25 February 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Long-standing plans to redevelop part of the historic heart of Winchester have been thrown into the air after the High Court ruled the City Council in ‘serious breach’ of public procurement rules and expressed doubts as to whether the project was ‘the best scheme on the best terms available’.

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Pub Developers Face ‘Community Welfare’ Hurdle

Published on: 15 February 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Pub Developers Face ‘Community Welfare’ Hurdle

In a warning to property investors that the advent of the Localism Act 2011 means that broad issues of community welfare may stand in the way of their plans, a tribunal has stepped in to protect a rural pub from the prospect of development.

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Residential Landlords’ Liability to Injured Tenants Extended

Published on: 02 February 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Residential Landlords’ Liability to Injured Tenants Extended

In an important ruling – which extends the potential liabilities of residential landlords to tenants who are injured due to defects in the premises – a flat tenant has won compensation after tripping over an uneven paving stone whilst taking out his bins.

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Judge Gives Green Light to Crematorium Plans

Published on: 11 January 2015 | in categories: Landlord and Tenant Updates | Legal Updates | News and Updates

Commercial competition in the funeral business spilled over into the planning field as rival companies, which each hoped to develop crematoria in an area where there was only a market for one, fought out their differences at the High Court.

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