Pre-Packaged Sales: Bones of contention

Nick Lloyd and Sarah Moore outline some issues relating to pre-pack, including the government’s controversial decision not to reform them Pre-pack sales are often criticised by landlord creditors for lacking transparency and being difficult to challenge if a creditor believes that he has suffered undue prejudice because of the terms imposed by the pre-packAs the …
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Enfranchisement: When is a country house a house?

Lucy Barber looks at a case relating to excluded tenancies under the Leasehold Enfranchisement Act 1967 ‘Parliament had not made a mistake in not referring instead to “house and premises” because interpreting “house” in either of the ways contended by the landlord and the tenant, both still resulted in odd situations arising There has been …
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Matrimonial Home: Should I stay or should I go?

James Carroll and Juliet McDermott discuss interim occupationof the family home pending divorce Commonly, when facing a divorce, the biggest asset will be the family home. Both parties will need to decide what is going to happen to the family home in the longer term. This will require consideration of their respective financial circumstances, including …
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Property Deals: Practical tips for a quicker implementation

Morven Coulter reviews the four key areas that should be considered at the heads of terms stage ‘It is worth agreeing the approach on uninsured risks at the heads of terms stage, as any well-advised tenant will bring it up once documentation is issued. This will only waste time as the point is debated back …
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Bequeathing Property Abroad: Changes in inheritance rules are on the horizon

Matthew Cameron examines the implications of new European Regulations for those who own property abroad ‘A wider distribution of a person’s assets will often result in increased complexity in the management of their affairs, whether for ongoing tax matters or in relation to the administration of their estates upon death. As a result, professionals will …
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Case Round Up

Paul Tonkin provides an overview of recent case law Break notice invalid where interest on late rent outstanding Avocet Industrial Estates LLP v Merol Ltd [2011] Merol was Avocet’s tenant of commercial premises under a lease that included a break option. The break option provided that the break notice would be of no effect if …
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