October 2011 #277 – Law Journals

Service Charges And S81 Housing Act 1996: Default judgments and final determinations

Amanda Gourlay discusses a case that brings some clarity to an opaque issue ‘The key distinction between the “old” and “new” s81 is the requirement for a “final determination” of the amount of service charge payable.’Section 81 of the Housing Act 1996 prevents a landlord from exercising a right to forfeit on the grounds of …

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Leases: Plasterwork is part of the structure

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Michael Higgin considers the implications of a case that has found plasterwork applied to walls and ceilings to be structural ‘The introduction of modern building techniques means that we should be cautious to extrapolate anything rigidly from the legal analysis of traditional methods of construction, but should also weigh up the circumstances.’The recent case of …

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Unfair Terms In Consumer Contracts Regulations 1999: Where are we now?

Heath Marshall provides an update of the extent to which the Regulations are relevant to land agreements ‘The Regulations relate to contracts between a seller or supplier, and a consumer for the supply of goods or services, and deal with contractual terms that are deemed to be “unfair” by virtue of the Regulations.’In my previous …

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Civil Unrest: Reading the Riot Act

Kathleen Fitzgerald and Victoria Leam assess who ultimately pays for damage caused by civil unrest ‘Proprietors may find that, as a result of the riot, they are unable to restore their property due to being under-insured or not insured at all. In such cases there may be scope to revert to an application for compensation …

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Valuation And Professional Negligence: Overstating the case

Bryan Johnston analyses a judgment with implications for valuers, investors and funders ‘It is one of the first big commercial valuation negligence cases since the downturn. The question then is whether it represents a one-off or whether it is the start of a professional negligence trend.’The High Court has handed down judgment in Capita Alternative …

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Landlord And Tenant Update: Tenancy deposit schemes

Shanna Smith reviews two Court of Appeal decisions which appear to have put another nail in the coffin of such schemes ‘Many tenants devised their own ways to protect their financial position, including failing to pay their final month’s rent thereby forcing the landlord to use the deposit to make up the shortfall.’Picture the scenario: …

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