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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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Robert Barham reviews a case illustrating the dangers and pitfalls of the 1987 Act ‘An incoming landlord whose predecessor complied fully with Part 1 of the 1987 Act can still fall foul of s3A by failing to state in its formal notification to the tenant that the disposal was one pursuant to the 1987 Act. …
Continue reading "Landlord And Tenant Act 1987: Consequences of non-compliance"
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Nitej Davda explains why the proposed introduction of a criminal offence of squatting on residential premises will do little to deal with the crux of the matter ‘While addressing the law relating to squatters is commendable, the government appears to have missed an opportunity to revisit the civil regime. It is this regime that the …
Continue reading "Squatters: Criminal behaviour"
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Nathan Rees assesses the issues to consider when negotiating an option agreement, and the possible alternatives ‘There are a number of commercial and legal issues to be considered in connection with option agreements, which are relevant to both the landowner and the developer.’An option to purchase (that is, a call option) is an incredibly useful …
Continue reading "Option Agreements: Development and site assembly"
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Keith Conway looks at the new edition of the Protocol that is due to be adopted as part of the CPR in early 2012 ‘In spring 2009, the Civil Justice Council finally recommended to the Master of the Rolls that the Protocol be formally adopted as part of the Civil Procedure Rules.’The weaker prospects for …
Continue reading "Dilapidations Protocol: Adoption and rebirth"
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John Starr reviews a recent case involving the reasonableness of the fees charged The Construction Act (that is to say the Housing Grants, Construction and Regeneration Act 1996, as recently amended by the Local Democracy, Economic Development and Construction Act 2009) gives the parties to a construction contract the right to refer their disputes to …
Continue reading "Construction Focus: Adjudicators’ fees"
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In the first of a new monthly column by King & Wood Mallesons SJ Berwin LLP , Joann Fernandes provides an overview of the Localism Bill and the National Planning Policy Framework The Localism Bill was published and introduced to the House of Commons on 13 December 2010. It includes provisions relating to local government, …
Continue reading "Planning And Environment Focus: A positive change?"
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Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …
Continue reading "Declarations Of Trust: Taking someone at their word"
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Chris Devlin assesses the outcome of some key cases concerning the interaction of planning conditions and the lawful commencement of development ‘Only in exceptional circumstances may planning permission be implemented where pre-commencement of development planning conditions have not been discharged.’Planning permissions must be implemented within strict time limits, unless expressly agreed otherwise with the Local …
Continue reading "Planning Conditions: (Un)lawful commencement of development"
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