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Property Litigation News Roundup

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2020 has been an unpredictable year and has had a big impact on the property market. It is easy to focus on the negative news, however the have been some positives over the last few months. Below we round up some of the more positive news stories this month:MortgagesAt their recent party conference, the Government has pledged to fix the broken...
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  536 Hits
536 Hits

Residential Possession Proceedings – Similar but not the Same

Residential Possession Proceedings – Similar but not the Same
There has been a steady stream of changes to the possession process since 27th March 2020 when the first legislation was introduced to help the Courts combat the effects of the Coronavirus. Overall, the current situation is that notices can be served, hearings are being conducted, and bailiff appointments are occurring. However, the process is diff...
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  541 Hits
541 Hits

Neighbours driveway dispute reaches the High Court

Neighbours driveway dispute reaches the High Court
CNN host Aly Vance lost her appeal in the High Court after interfering with a neighbouring boundary feature to create a parking space. Stephen Eccles reviews the case below. Background to the case Mrs Vance wanted to create a parking space in the front garden of her Berkshire cottage in 2015. Whilst her neighbours, the Collertons, were away Mr and ...
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  408 Hits
408 Hits

Lease Extension Premiums

Lease Extension Premiums
Last month the Law Commission published its report on the options to reduce premiums payable for lease extensions. ​To understand the proposals we need to understand what makes up a premium under the Leasehold, Reform, Housing, and Urban Development Act 1993: Term – A sum representing the ground rent lost by the Freeholder by the ground rent being ...
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  253 Hits
253 Hits

Luxury flat owners lose privacy appeal against Tate Modern

Luxury flat owners lose privacy appeal against Tate Modern
The Tate Gallery viewing platform has been the subject of litigation over a number of years. The owners of four flats in a neighbouring luxury block took Tate Modern to Court claiming that the viewing platform at the Tate was making their lives a misery by people looking into their flats, waving and taking photographs. The flat owners applied to Co...
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  468 Hits
468 Hits

2020 for Tenancies

2020 for Tenancies
2020 is set to be a busy year for landlords with the following issues already on the radar: Trecarrell House Limited v Rouncefield (B5/2019/0499)At the end of January 2020 the above case was heard by the Court of Appeal. The issue to be determined is whether a landlord, who has failed to provide a gas safety certificate before the start of the tena...
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  791 Hits
791 Hits

Shaviram Normandy Ltd successfully contests Council's restrictive covenant

Shaviram Normandy Ltd successfully contests Council's restrictive covenant
Shaviram Normandy Ltd recently made a successful application to modify a restrictive covenant on a building in Basingstoke, despite opposition from the freeholder, lending hope for property developers in similar situations.Normandy House in Basingstoke, formerly used by IBM, had been unoccupied since 2014 and had fallen into significant disrepair. ...
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  546 Hits
546 Hits

Real Estate: Restrictive Covenants Affecting Land

Real Estate: Restrictive Covenants Affecting Land
A restrictive covenant imposes an obligation to do something or requires expenditure e.g. an obligation to erect a boundary wall. This article looks at the benefits, how to enforce them and also how to modify restrictive covenants.A positive covenant is a different type of agreement and does not generally bind successors to the original party that ...
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  1186 Hits
1186 Hits

Determined Boundary Applications; Agreed and Determined Boundaries

Determined Boundary Applications; Agreed and Determined Boundaries
When it comes to registering land, mapping was imprecise for a long time, meaning many old title plans can cause confusion over boundary lines. However, agreeing boundaries amicably with your neighbour is not always possible.  Where there is a dispute, a the Land Registry adjudicator will deter...
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  1120 Hits
1120 Hits

Houses in Multiple Occupation FAQs

Houses in Multiple Occupation FAQs
What is a HMO? Why do I need a licence? Read our frequently asked questions about houses in multiple occupation (HMOs).   What is a house in multiple occupation (HMO)?A home is an HMO if the following conditions are satisfied:At least three tenants live there, forming more than one household; andToilet, bathroom or kitchen facilities are share...
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  503 Hits
503 Hits

Government Consultation – Changes to the Eviction Process

Evictions
In October 2019 the Government consultation on changes to the eviction process came to an end. The Government will now review the feedback before a response is given. The two key proposals were:to repeal section 21 of the Housing Act 1988 and thereby end "no-fault" evictions"; andto improve the grounds for possession covered by Schedule 2 of the Ho...
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  217 Hits
217 Hits

Updated Party Wall Guidance

Updated Party Wall Guidance
The Royal Institution of Chartered Surveyors ("RICS") has published the 7th edition of its Party Wall Legislation and Procedure Guidance Note. This comes into force on 1st December 2019 and applies to RICS members and firms regulated by RICS. The 7th edition of the Guidance Note is the first update for over eight years. It contains a summary of the...
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  791 Hits
791 Hits

Applying for Adverse Possession

Applying for Adverse Possession
To acquire a right to be registered as the owner of land through adverse possession you need to meet three conditions:   The 3 conditionsFactual possession of the land (control over who uses it e.g. putting up fencing around the boundaries);Necessary intention to possess the land (use of the land as an owner e.g. building on the land or mainta...
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  476 Hits
476 Hits

Leasehold Extensions – FAQs

Leasehold Extensions – FAQs
If you are a long leaseholder, you should be aware of how your lease can affect your property valuation. Leasehold extensions can be achieved in a few ways, but what suits you, your landlord, and your property best? 0 Advanced issues found▲  0 Advanced issues found▲     I have a lease of residential premises for 99 yea...
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  470 Hits
470 Hits

What are property related professional negligence claims?

What are property related professional negligence claims?
If you hire a property professional, they have a duty to you to provide work of a sufficient standard. If that duty is breached and causes you loss, then you may well have a professional negligence claim. Typically, professional negligence in property matters relates to a property transaction and the professionals are solic...
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  544 Hits
544 Hits

When does the Right of First Refusal apply and what are the benefits?

When does the Right of First Refusal apply and what are the benefits?
​Part 1 of the Landlord and Tenant Act 1987 (LTA 1987) gives certain residential tenants a right of first refusal where the landlord is proposing to dispose of the freehold.Where the LTA 1987 is applicable, there is a prohibition on the freeholder making any disposal unless: i.the landlord has first served formal offer notices on the "qualifying te...
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  789 Hits
789 Hits

Long leasehold disputes - Alterations in residential properties

Long leasehold disputes - Alterations in residential properties
When you lease out your property you give day to day control to your tenant. However, sometimes a tenant can alter or use the property in a way that wasn't agreed. So, as a freeholder, what would do you do about unauthorised alterations in residential property that has been let on a long lease?Long leaseholds are normally for 99 or 125 years, altho...
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  1595 Hits
1595 Hits

Upminster mini golf course - Planning

Upminster mini golf course - Planning
Significant planning applications always arouse considerable interest for local residents and we note that the London Borough of Havering has made a planning application for the development of Hall Lane mini golf site in Upminster.The application is actually by Mercury Land Holdings Limited which is a Housing Development Company wholly owned and co...
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  1550 Hits
1550 Hits

S Franses Ltd v The Cavendish Hotel Ltd

S Franses Ltd v The Cavendish Hotel Ltd
The Supreme Court has ruled that a hotelier landlord could not oppose a Section 26 Notice requesting a new tenancy on the grounds of 'intended' works. The case of S Franses Ltd v The Cavendish Hotel (London) Ltd highlights the protection afforded to tenants by the Landlord and Tenant Act 1954.S Franses Ltd is a textile dealership and consultancy an...
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  888 Hits
888 Hits

Supreme Court Rules on Property Agent Commission Dispute

Supreme Court Rules on Property Agent Commission Dispute
The Supreme Court recently ruled on an Appeal where a property vendor refused to pay an estate agent the commission owed. The case highlights the importance of a clear agreement in accordance with the Estate Agents Act 1979 and the legal recourse available.The case dealt with two main issues:i. the status of an agreement between an estate agent and...
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  1717 Hits
1717 Hits

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