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Local authority failure to notify the valuation officer can be ‘an irrelevancy’ in respect of underlying liability. Martin Dawbney and Nusrat Zar review a recent case ‘Compliance with regulation 42 was ‘an irrelevance’ when a Magistrates Court was adjudicating upon an application for a liability order, despite the potential prejudice caused to ratepayers by a …
Continue reading "Case Update: Rates liability"
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Dellah Gilbert discusses where the decision in K/S Victoria Street v House of Fraser leaves tenants entering into AGAs and guarantors of such agreements ‘The Court of Appeal agreed with HoF that clause 3.5(iii) of the sale agreement frustrated s24(2)(a) of the Act as its aim was to prevent the release of HoF from its …
Continue reading "Landlord And Tenant Update: An end to a long-running SAGA?"
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John Starr reviews the courts’ stance on shopping around for an expert ‘Recent case law shows the court’s discouragement of expert shopping moving to encompass pre-action activity as well.’Construction disputes invariably involve a number of third parties; professionals tasked in one way or another with helping to resolve the dispute. There are arbitrators, adjudicators, mediators …
Continue reading "Construction Focus: Expert shopping"
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Neil Warriner , Isaac Zailer and William Arrenberg explain why UK parented real estate groups and UK intermediary companies need to pay careful attention to the government’s proposals ‘The CFC rules stop UK companies from avoiding UK tax by artificially diverting income to foreign subsidiaries resident in tax havens or low tax jurisdictions.’The real estate …
Continue reading "Controlled Foreign Companies: Effects of the new proposals"
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Kate New looks at the outcome of some cases where the contracting parties wished to alter, avoid or reinterpret the terms of contracts that they entered into before the market collapse ‘A complicated scenario arises when the court is faced with a complex agreement and asked to consider how serious a breach must be in …
Continue reading "Contracts: Desperate times call for desperate measures"
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Dr Keith Shaw analyses the Court of Appeal decision in Ibrend Estates, and what vacant possession really means in practice ‘Tenants frequently misunderstand the requirements for the successful operation of a break option, and unwittingly find that they remain liable and tied to the covenants contained in their current lease because of a failure to …
Continue reading "Vacant Possession: A practical overview"
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Mark Pawlowski considers the rights of a lender when faced with an unlawful tenant on the mortgaged premises ‘Mere knowledge of the tenancy on the part of the lender was not enough and what had to be shown was a conscious decision not to contest the validity of the tenancy.’Most mortgages contain a prohibition on …
Continue reading "Mortgages: Lenders and unlawful tenants"
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Sarah Youren outlines a new regime to protect wildlife and the natural environment, and the government’s latest measures designed to speed up the planning process Natural England has launched an eight-week public consultation on a new enforcement regime to protect wildlife and the natural environment, including Sites of Special Scientific Interest (SSSI). The consultation period …
Continue reading "Planning And Environment Focus: New enforcement regime for SSSIs"
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Natasha Rees assesses the outcome of a case that highlights the intricacies of the notices required to recover service charges effectively ‘If a landlord falls foul of the limitation period they will be prevented from recovering any sums incurred outside the time limit, notwithstanding that such expenditure was reasonably incurred and the tenants have benefitted …
Continue reading "Residential Service Charges: Limitation on recovery"
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Paul Stafford looks at the registration requirements introduced by the Land Registration Act 2002 ‘The position before the LRA was that registration of manorial rights was significantly incomplete in terms of identifying the existence and location of lordship titles.’The Land Registration Act 2002 made the preservation of manorial rights after midnight on 12 October 2013 …
Continue reading "Manorial Rights: Deadlines for manorial title holders"
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