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Kang and Another v Pattar – Construction Dispute Case

Kang and Another v Pattar – Construction Dispute Case
The recent case of Kang and Another v Pattar [2021] EWHC 1101 (Technology and Construction Court) concerned a typical construction dispute between dissatisfied homeowners and an unpaid builder. Facts of the caseAs is often the case, the homeowners argued the building work was defective and the builder argued that it was not defective, merely incomp...
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230 Hits

End of residential eviction ban and reduction in notice periods

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In March 2021, we covered the announcement of the Government's additional support package for residential tenants. This extended until 31st May 2021 the moratorium on enforcing possession orders and the requirement to provide 6 months' notice for residential evictions. The Government has now announced its proposed timeline for reverting t...
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  466 Hits
466 Hits

Extension to ban on evicting commercial and residential tenants

Extension to ban on evicting commercial and residential tenants
In January 2021, we covered the Government's extension of the moratorium on enforcing possession orders until 22nd February 2021. The Government has now announced further additional support for commercial and residential tenants. This includes a ban on commercial evictions until 30th June 2021 together with a ban on residential evictions until 31st...
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  288 Hits
288 Hits

Top tips on Ransom Strips

Top tips on Ransom Strips
A ransom strip is a small parcel of land whose ownership has been retained, often by a previous owner when a larger or adjoining portion of land has been sold. Typically, it runs alongside the boundary between more than one parcel of private land, or between private land and the public highway. Owning a ransom strip can be beneficial because of its...
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  358 Hits
358 Hits

To serve or not to serve?

To serve or not to serve?
Last August, we covered the regulations introduced by the Government to change to residential possession rules . One of the key changes was that the notice period for most notices was increased to six months. This change applied to notices served up until 31st March 2021. As the Government has not yet published any transition legislation, as things...
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  402 Hits
402 Hits

Proposed Leasehold Reform: What we now know

Proposed Leasehold Reform: What we now know
At the start of last month, we covered the Government's announcement of proposed leasehold reforms. Pinney Talfourd recently attended a discussion group held by the Association of Leasehold Enfranchisement Practitioners (ALEP) on this subject. Below we cover some of the issues that emerged from this discussion. What will be in the legislation?Curre...
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  400 Hits
400 Hits

New Right to Regenerate plots of land and derelict buildings - Consultation Launched

New Right to Regenerate plots of land and derelict buildings - Consultation Launched
On 16th January 2021, the Housing Secretary, Robert Jenrick MP, announced plans to enable the public to turn vacant plots of land and derelict buildings into community spaces and new homes. Broadly speaking, the plans will provide an opportunity for individuals and their local communities to transform, and take control of those areas blotting the l...
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  372 Hits
372 Hits

Government announces extension of Christmas “truce” for renters facing eviction

Government announces extension of Christmas “truce” for renters facing eviction
In September 2020 the Government announced a Christmas "truce" for renters facing eviction. The Government has now announced an extension on this "truce" until 21st February 2021. This means that bailiffs will not enforce possession orders until at least 22nd February 2021. The requirement to give an initial six-months' notice to vacate to tenants ...
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  304 Hits
304 Hits

Major shake-up of laws relating to Leasehold Properties

Major shake-up of laws relating to Leasehold Properties
The Government has today announced substantial proposed changes to English property law which could benefit around 4.5 million leaseholders. Under the current rules, leaseholders of houses can only extend their lease once for 50 years with a ground rent. In comparison, leaseholders of flats can extend as often as they wish for 90 years at a zero-gr...
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  509 Hits
509 Hits

Updates to the Furlough scheme

Updates to the Furlough scheme
Following the Chancellor's announcement earlier this month regarding the extension to the Furlough scheme, HM Treasury has now published The Coronavirus Act 2020 Functions of her Majesty's Revenue and Customs (Coronavirus Job Retention Scheme) Direction. In short, the fourth Treasury Direction: Formally extends the Coronavirus Job Retention Scheme ...
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  485 Hits
485 Hits

Companies House launches new learning tool for flat management company directors

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Directors of a right to manage ("RTM") company often lack company law knowledge. This issue can be overcome by instructing a professional advisor, but these leaves you wholly reliant on their advice. Furthermore, without a basic understanding, you may not be able to gauge who really is a professional advisor. This is a well-known issue and one whic...
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  445 Hits
445 Hits

Bailiffs in Lockdown

Bailiffs in Lockdown
The Government has confirmed the details of the "Winter Truce" outlined in our article from September. The Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP has now written to several associations representing certificated bailiffs and High Court enforcement officers. Winter TruceIn the letter he requested that they not to c...
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  585 Hits
585 Hits

Law Commission Report: Exercising the Right to Manage

Law Commission Report: Exercising the Right to Manage
Last year the Law Commission began its consultation on proposed changes to the right to manage (the "RTM"). The final report has now been published which can be found here; we examine the key recommendations below. Premises in which the RTM is availableKey recommendations:RTM should be exercisable in respect of leasehold houses as well as flats.Pre...
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  245 Hits
245 Hits

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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  774 Hits
774 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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  811 Hits
811 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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  1008 Hits
1008 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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  538 Hits
538 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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  813 Hits
813 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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  1164 Hits
1164 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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  990 Hits
990 Hits

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