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Competing Rights: Tenants v mortgagees

Who ranks in priority in possession proceedings? A recent decision in the High Court provides some answers, as Kathleen Fitzgerald reports ‘The matter of whether the mortgagees’ priority could be adversely affected is governed solely by the provisions of the Land Registration Act 2002.’In Re North East Property Buyers Litigation [2010] the English High Court …
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PPAs: Pointless paperwork or perfect partnership?

Planning Performance Agreements are experiencing a renaissance, but what are they and do they have any value? Nicola Insley finds out ‘Some developers believe that PPAs allow planning authorities to extract an additional fee from developers for considering the application without any reciprocal contractual obligation on the LPA to perform any of the terms of …
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Planning And Environment Focus: The Localism Bill

Sarah Youren reviews the upcoming changes in planning likely to be brought about by the Bill The long-awaited Localism Bill has finally arrived. At the moment, views are split as to whether this will herald a new era of nimbyism with local people refusing to allow any new development in their area, or whether in …
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Construction And Rectification: To err is human, to rectify divine

Matthew Bonye and Alexandra Bethell discuss the merits of the various options when looking to remedy a defective document ‘The requirements to be met in order for rectification to be ordered differ depending on whether the mistake is made by both parties or by only one. Rectification is only available in very limited circumstances.’In a …
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Co-Ownership: A new approach to beneficial entitlement?

Mark Pawlowski provides an update on Jones v Kernott and its consequences for constructive trusts and the home ‘In Kernott v Jones, it was not in dispute that the parties had held the beneficial interest in the house in equal shares: the question for determination was whether, and if so to what extent, their respective …
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Disclaimer Of Leases: Tactics for landlords

Tom Hubbard examines the powers of a liquidator to disclaim leases and strategies for landlords faced with tenants who are in liquidation ‘A validly appointed liquidator possesses a statutory power to disclaim onerous leasehold property during the process of liquidating a company.’In these hard times many companies are struggling, and those that lose the battle …
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Leasehold Enfranchisement: Deferment rates in the spotlight… again

Natasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years ‘The Upper Tribunal decided that there should be a departure from the rate fixed by Sportelli. In doing so, they adopted the formula laid down by Sportelli but accepted that adjustments had to be …
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Landlord And Tenant Update: Exclusivity agreements

Simon Keen and Angus Coulter assess what it means when land agreements are brought within the confines of competition law. In most cases, land agreements would not be expected to have an adverse effect on competition, and so the only cost to landlords and tenants will be of carrying out the self-assessment process.Tenants often seek …
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Case Study: Prescriptive easements and personal consents

Matthew Cox considers a recent case where a personal license had ended but the use continued. At what point did a prescriptive easement arise? ‘In order to succeed in a claim for a prescriptive easement, the use must not be procured by force, stealth or licence of the owner.’What happens when a personal licence to …
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Construction Adjudication: A stay of execution

Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …
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