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Property Section

Spotlights are our unique approach to bringing you the updates you need on case law, legislation and practice. We commission leading experts to write concise, practice-focused briefings on the issues that matter to practitioners, covering what's happened, why it matters, and what it means in practice

kate andrews

Spotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd Subscription

25 November 2016By

This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.

kary withers

Spotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)Subscription

20 September 2016

The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords and tenants.

douglas rhodes

Spotlight: Edwards v Kumarasamy [2016] UKSC 40 Subscription

29 July 2016By

The Supreme Court has ruled on an intermediate landlord’s liability to repair common parts. Douglas Rhodes explains the implications of this long-awaited judgment.

peter robinson

Spotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)Subscription

27 May 2016

This case illustrates how a landlord’s right to redevelop a property around incumbent tenants ought to be balanced against tenants’ right to quiet enjoyment of their premises. Peter Robinson, partner at Hunters (incorporating May, May & Merrimans), explains what guidance the judgment offers to a landlord when exercising a right to build.

douglas rhodes

Spotlight: Purrunsing v 1) A’Court & Co; 2) House Owners Conveyancers Ltd [2016] EWHC 789 (Ch)

28 April 2016By

In the first reported case concerning a breach of trust by a seller’s solicitors of duties owed to the buyer, the court found the solicitors liable. Douglas Rhodes looks at the important lessons all conveyancers should take away from the decision

douglas rhodes

Spotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)Subscription

8 April 2016By

The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers & Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common industry practice 

james letchford

Spotlight: Budget 2016 – bad news for big business and buy-to-let?Subscription

18 March 2016By

For the losers in this year’s budget, it inevitably means more tax. For the winners, it isn’t simply about paying later, but whether they have to pay at all. James Letchford, a property partner at Thomas Eggar (part of the Irwin Mitchell Group), considers some of the key announcements.

Warren Gordon

Property Section committee end of year reviewSubscription

11 December 2015

We speak to Property Section committee members Myfanwy McDonagh and Philip Askew, and chair of the land law and conveyancing committee Warren Gordon, about their experiences of 2015, and what’s on the horizon for 2016

nick levy

Spotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72Subscription

9 December 2015By

Nick Levy, real estate litigation partner at Trowers & Hamlins, discusses the last chapter in the long-running Marks & Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause

kevin obrien

Spotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147Subscription

8 December 2015

Kevin O’Brien, director and head of lender services at JCP Solicitors, comments on this recent Court of Appeal decision, likely to be of particular interest to lenders, and to solicitors acting for lenders

Fionnuala Lynch

Spotlight: Autumn statement 2015

27 November 2015

Fionnuala Lynch, tax partner at Hamlins LLP, comments on the property headlines in this week’s autumn statement

Lucie-Anne Rhodes

Spotlight: Orientfield Holdings Ltd v Bird & Bird LLPSubscription

18 September 2015By

Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase

Roger Hardwick

Spotlight: Arnold v Britton [2015] UKSC 36Subscription

4 August 2015By

In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains

Ben Roberts colour

Spotlight: Project Blue Ltd v HMRC Subscription

18 June 2015By

Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning

David Smith

Spotlight: Edwards v Kumarasamy

12 March 2015By

The Court of Appeal’s recent interpretation of section 11 of the Landlord and Tenant Act 1985 has broadened the repairing obligations of landlords

Marlon "Mr VAT" Appleton

Spotlight: SDLT changes - what you need to know

5 March 2015By

The chancellor in his Autumn Statement announced major changes to stamp duty land tax on residential properties, in force from 4 December 2014. Marlon Appleton outlines what the changes will mean for practititioners

Paul Sagar

Spotlight: Charalambous v Ng

27 January 2015By

In yet another twist in the tale of tenancy deposits, the Court of Appeal has been presented with another scenario not clearly addressed by the relevant legislation or existing case law

Paul Sagar

Spotlight: Co-operative Bank plc v PhillipsSubscription

6 October 2014By

The High Court has considered the circumstances in which possession proceedings commenced by a lender will be considered collateral to its powers.

Ben Roberts

Spotlight: CLP Holding Co Ltd v Singh and Kaur Subscription

10 September 2014Updated: 16 September 2014By

The Court of Appeal considered whether purchasers of VAT-opted freehold property were contractually liable to pay VAT on the purchase price.

Sarah Livestro

Spotlight: Martin Retail Group Ltd v Crawley Borough CouncilSubscription

24 July 2014Updated: 4 September 2014By

The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable. 

All Spotlights

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