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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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99 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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78 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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  217 Hits
217 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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146 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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131 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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  286 Hits
286 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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97 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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  620 Hits
620 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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  633 Hits
633 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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  539 Hits
539 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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  326 Hits
326 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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  578 Hits
578 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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  929 Hits
929 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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699 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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  1588 Hits
1588 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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1537 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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  590 Hits
590 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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  284 Hits
284 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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  984 Hits
984 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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  581 Hits
581 Hits

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