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Ajoy Bose-Mallick considers trends in real estate finance as alternative lenders make up an increasing share of the market ‘Flexible funding solutions are desired by all borrowers but it is apparent that cracks have been developing. Some peer-to-peer lenders and bridging lenders have gone into administration and this has resulted in increased attention and questions …
Continue reading "Real estate finance: Tips for the alternative lender"
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In the first of two articles John Starr highlights five recent decisions of importance reached in the TCC ‘Clancy Docwra is a useful reminder to practitioners to ensure that all the building contract documentation ties together, so that all allocations of risk and responsibility actually achieve the desired result.’ As we enter a new decade, …
Continue reading "Construction focus: A year in construction cases"
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Kathryn Hampton reviews ten expected planning changes due to take place this year ‘It is hoped that a standardised, government-backed model will encourage confidence in the shared ownership product and secure better mortgage deals for purchasers.’ A barrage of planning changes is about to hit the development sector, which are examined in further depth below. …
Continue reading "2020 in planning: What’s next in the planning pipeline?"
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Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions ‘In this case, the court determined that the payments to UKFMS were fully secret commissions as Mrs Wood had not received written notice of the amounts in accordance with the broker’s terms and conditions.’ On 5 November 2019, the …
Continue reading "Mortgages: Assessing secret commissions"
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Tiffany Scott QC and Charlotte Black interpret the Supreme Court’s reversal of the unanimous Court of Appeal decision on the question of reasonableness in Sequent Nominees ‘The majority held that the courts below had treated the question whether consent had been unreasonably refused as effectively determined by an erroneous construction of the lease.’ In Sequent …
Continue reading "Interpretation of leases: An erroneous construction"
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Natasha Rees reviews a Court of Appeal judgment providing further clarification on the definition of a ‘flat’ ‘Although the premises on the sixth and seventh floors were intended to be used for residential purposes, at the relevant date they had not been used for that purpose and were not capable of such use.’ On 1 …
Continue reading "Leasehold enfranchisement: A purposeful approach"
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The Supreme Court has made the landmark move of extending the doctrine of relief from forfeiture to certain property licences. Annabel Heath and Clive Chalkley consider the case ‘The courts have previously fallen short of granting relief in cases where there is a mere contractual possessory right of land ie contractual licences granting rights over …
Continue reading "Forfeiture: Leases, licences and certainty"
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Richard Hosmer summarises the key cases of 2019 in the business rates sphere ‘In order to determine “the rent at which it is estimated the hereditament might reasonably be expected to let from year to year”, the valuation officer must imagine a hypothetical negotiation between a willing landlord and a willing tenant.’ Liability for non-domestic …
Continue reading "Business rates: The year in review"
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With mediation now being commonplace the courts are starting to look at issues other than whether parties are unreasonable in refusing to mediate. Jacqui Joyce and Iain Travers examine some recent cases ‘If the document is not meant to be binding, then it can be formally recorded as being not binding and subject to contract.’ …
Continue reading "Mediation: How binding are ‘agreements’ signed at mediation?"
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León Fernando Del Canto explains the tax risks that UK residents are facing in Spain, as the tax authorities investigate the legality of commonly used structures ‘In most instances, these properties were bought via double or triple international corporate structures (a relatively expensive avenue to take), where individuals were advised to create a shell company …
Continue reading "International investment: Clampdown in Spain"
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