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Jennifer Chappell discusses a case highlighting the importance of ensuring that contractual obligations do not take priority over commercial interests ‘The obligation to use ‘best’, ‘all reasonable’ or ‘reasonable endeavours’ can crop up in any commercial or property contract, and the parties must be sufficiently certain as to what these terms mean.’ Property owners and …
Continue reading "Best Endeavours: Make sure of your intentions"
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Daniel Bain considers a Scottish case highlighting the importance of clarifying when time is to be of the essence in a contract for the sale of land ‘The contract may contain a provision making time of the essence, in which case there will be a right to terminate. However, in the absence of such a …
Continue reading "Contracts: Timing is not always essential"
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A recent case has clarified the position of the landlord when dealing with a tenant in administration. David Marsden provides some background ‘A response by a landlord to any request to assign needs to be swift but also carefully considered as a landlord cannot add subsequent reasons later for their refusal to consent to assign.’ …
Continue reading "Insolvency: How to deal with a tenant in administration"
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Xavier Nicholas reviews the proposals for CGT and an annual charge in relation to property held by ‘non-natural persons’ ‘The concern remains, however, that those who wish to structure property ownership for reasons other than SDLT avoidance (in our experience, the great majority of clients) will be hit by measures that are purportedly not targeted …
Continue reading "Taxation Of UK Residential Property: Consultation on proposed changes"
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William Hanbury looks at the issues raised by flood damage ‘The challenges facing lawyers advising property owners and property developers in areas affected by flooding are considerable.’This year looks like being one of a number of summers in recent years that have been unusually wet. A month’s rain fell in less than a day earlier …
Continue reading "Flood Damage: When it rains it pours"
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Leigh Sagar clarifies the occupation of agricultural property for agricultural purposes ‘Two recent decisions highlight some of the difficulties that are being faced by executors in the area of agricultural property: HMRC v Atkinson and Hanson v HMRC.’ Agricultural property relief is available for transfers of agricultural land and pasture and specified buildings and woodlands …
Continue reading "Agricultural Property Relief: A tale of two farms"
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John Starr reviews some recent cases where the court was asked to consider the consequences of failing to comply with the Pre-action Protocol for Construction Disputes ‘These cases highlighted the need to follow both the spirit and the letter of the Protocol if adverse costs orders were to be avoided, possibly even if the process …
Continue reading "Construction Focus: Protocol and proportionality"
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Sarah Dawe explains why changes in the tenancy deposit scheme rules are not all bad news for landlords, but watch out for the transitional provisions ‘The legislation governing tenancy deposit schemes was amended by the Localism Act 2011. While some of the changes are landlord-friendly, the rules have also been tightened up to eliminate a …
Continue reading "Tenancy Deposit Schemes: Don’t bank on it"
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Meeta Kaur and Matthew Mainstone assess some developments in relation to planning application requirements following recent legislation ‘Those advising authorities and applicants alike need to be alive to the requirements of the [Equality] Act and what needs to be done to comply with it.’ Many would complain that the planning system already places a heavy …
Continue reading "Planning And Environment Focus: New grounds for challenge?"
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Nicholas Levy considers the evolution of the law on administrations and where we are now ‘The concept of liquidation has never been underpinned by any notion that the company or its business should be “rescued”. Administration, on the other hand, is part of the modern rescue culture.’ The controversy surrounding administrations (and particularly pre-pack administrations) …
Continue reading "Pre-Packs: Where next for rent in administration?"
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