propertydispute

May

2024

Tenant Succeeds in Reducing Service Charges

Written by Ian Sheppard

A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of...

Nov

2023

Precise Wording of Conveyance Takes Precedence Over Red Line on Plan

Written by Ian Sheppard

A conveyance normally includes both a visual plan and a written description of the land that is to change hands – but what happens if there is a conflict between the two? The Upper Tribunal (UT) addressed that vital issue in a guideline case. The...

Aug

2023

Rent-Free Occupation for Life – The Law Will Enforce a Binding Promise

Written by Ian Sheppard

If you make a promise to someone who relies on it to their detriment, then it must be kept. The County Court powerfully made that point in coming to the aid of a woman whose son and daughter-in-law gave her their word that she could live in a...

Mar

2022

Judges Uncover 'Sham' Arrangements to Avoid Non-Domestic Rates

Written by Claire Cooper

Sham arrangements of varying levels of sophistication are all too often used in an attempt to avoid liability to non-domestic rates. As a High Court case showed, however, judges are adept at looking beyond appearances. Two commercial properties were...

Oct

2021

Rural Vicar Succeeds in Establishing Easement Over Neighbours' Drive

Written by Adam Oleskow

Rights to make use of other people's land – known as easements – often do not appear on title deeds and, for that reason, can easily catch property buyers unawares. In a case on point, a vicar asserted his own and others' right to use a couple's...

Oct

2021

Property Dispute Looming? Now is the Moment to Seek Professional Advice

Written by Sydney Mitchell

A word out of place can lead to the sacrifice of valuable legal rights and that is why it is vital to seek professional advice the moment a potential dispute looms on the horizon. The point was made by the case of a couple who faced a challenge to...

Sep

2021

Break Clauses in Commercial Leases – What Does ‘Vacant Possession’ Mean?

Written by Sydney Mitchell

Commercial leases frequently stipulate that premises are to be handed back to the landlord ‘with vacant possession’ – but what exactly does that mean? The Court of Appeal pondered the issue in a case concerning an office block that was stripped back...

Jul

2021

Property Conveyancing is for Professionals So Heed Your Lawyer's Advice

Written by Sydney Mitchell

There is little point in lawyers giving advice if their clients do not heed it, and that is particularly so when it comes to the intricate art of conveyancing. In one case, a young couple had cause to regret not paying any particular attention to...

May

2021

Rent Arrears – As we evolve from Covid 19

Written by Claire Cooper

When Covid 19 struck and we went into the first lockdown the Government created the Coronavirus Act 2020 (“the Act”), which amongst other things prevented landlords from taking steps against tenants to forfeit leases for non-payment of rent, where...

Feb

2021

Father fends off son's claim to half his home – High Court cautionary tale

Written by Sydney Mitchell

Those who don't have big enough incomes to raise the mortgage finance they need to buy a home are often tempted to include the name of a better-off friend or loved one on the title deeds. As a High Court case showed, however, such a step can have...

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propertydispute

Tenant Succeeds in Reducing Service Charges

Precise Wording of Conveyance Takes Precedence Over Red Line on Plan

Rent-Free Occupation for Life – The Law Will Enforce a Binding Promise

Judges Uncover 'Sham' Arrangements to Avoid Non-Domestic Rates

Rural Vicar Succeeds in Establishing Easement Over Neighbours' Drive

Property Dispute Looming? Now is the Moment to Seek Professional Advice

Break Clauses in Commercial Leases – What Does ‘Vacant Possession’ Mean?

Property Conveyancing is for Professionals So Heed Your Lawyer's Advice

Rent Arrears – As we evolve from Covid 19

Father fends off son's claim to half his home – High Court cautionary tale

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