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Can an equitable mortgage take priority over a legal mortgage where it is only protected by the registration of a notice? Laurie Heller discusses a case with a surprising outcome ‘The rights of an equitable mortgagee are now seldom the subject of reported cases; equitable mortgages are comparatively rare birds. A recent decision of Judge …
Continue reading "Equitable Mortgagees: Registration of legal charges"
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Jeremy Steele reviews the decision in Avocet and its implications for landlords and tenants ‘The reason for there having been so much litigation is simple: landlords who have received break notices are left with the uncomfortable prospect of vacant units in a market in which new tenants are difficult to find.’ The law reports over …
Continue reading "Break Clauses: A change to the landscape?"
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John Starr reviews the role of an adjudicator following recent case law ‘Carillion sought to bring an end to an adjudication commenced against them by applying to court for various declarations.’ The 1996 Construction Act gives the parties to a construction contract the right to refer their disputes to adjudication at any time. However, it …
Continue reading "Construction Focus: Resignations and adjudications"
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Simon Ricketts and Meeta Kaur provide a planning perspective on the Portas Review, and find some inherent contradictions ‘The gripe seems to be that “the Secretary of State should more frequently exercise his existing powers”, and if the statistics Portas quotes on the growth of out-of-town retail development in recent years are to be taken …
Continue reading "Planning And Environment Focus: The Portas Review"
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Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011. ‘Jones v Kernott [2011] illustrates the serious problems that can arise when cohabitant purchasers do not enter into an adequate declaration …
Continue reading "Co-Habitation: Buyer beware"
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Lucy Barber reviews a recent case where the court was required to consider whether the owners of houseboats held as tenants or as licensees? ‘What happens to your home if the licence is lawfully terminated? These questions have recently been considered in the Court of Appeal decision of Christopher Mew and Janet Trust v Tristmire …
Continue reading "Houseboats: A question of ownership"
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Huw Witty and Julian Lewis assess how BPRA has been used to date and how it could usefully be extended ‘At a time when high streets are suffering and government is keen to do what it can to revitalise town centres, it is encouraging that the duration of the BPRA scheme has been increased.’A Business …
Continue reading "Business Property Renovation Allowance: Room for improvement"
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Jane Rogers looks at the latest litigation involving beer ties ‘In the early 1990s a period of recession that badly affected the leisure trade, together with fundamental changes in the style and operation of the traditional public house, created a very challenging environment for the pub tenant.’In November 2006 I wrote an article for this …
Continue reading "Beer Ties: Why does the saga go on and on?"
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In considering Berrisford v Mexfield, the Supreme Court has expressed its view on the current, unsatisfactory, legal position where a lease or tenancy agreement has been created for an uncertain duration. Carl Roche investigates ‘If the view of the Supreme Court is followed, imperfect tenancies will no longer give rise to implied periodic tenancies. Instead …
Continue reading "Leases: Uncertainty of term"
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Helena Davies examines the implications of installing photovoltaic solar panels on leasehold properties ‘It seems unlikely that PV panels are going to constitute a breach of covenant on the basis of their appearance alone, save in exceptional circumstances.’The relatively recent trend in installing photovoltaic solar panels (PV panels) on the roofs of buildings is born …
Continue reading "PV Panels: Rooftop wrangles"
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