All Analysis articles
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AnalysisUsing AI in property transactions
Anna Prozherina looks at the capabilities of artifical intelligence in property transactions and how it it likely to be used in the sector
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AnalysisAmalgamation or merger of titles?
Adam Hookway of HM Land Registry considers applications for both amalgamation and mergers of title and explains the differences between them.
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AnalysisMaintaining motivation
Matt Ellis discusses how a forward-thinking approach can help you navigate the complexities of the modern conveyancing landscape and improve staff retention, wellbeing and innovation in your firm.
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AnalysisDon't delay: avoiding a common Legal Ombudsman complaint
Almost a third of complaints made to the Legal Ombudsman (LeO) are about residential conveyancing issues, such as delay. LeO’s Jason Chapman outlines a real case and explains how complaints can be avoided – saving considerable time and costs.
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AnalysisWords matter – interpreting clauses in a lease
Andrew Francis considers the recent judgment of the Supreme Court in Sara & Hossein Asset Holdings Limited v Blacks Outdoor Retail Limited [2023] UKSC 2 (“Sara & Hossein”) on interpreting clauses in a lease concerning service charge payments
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AnalysisProprietary estoppel – what is the proper remedy?
Jennifer Meech considers the Supreme Court decision in Guest v Guest [2022] UKSC 107 and the proper remedy for a claim in proprietary estoppel
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AnalysisRecreational restrictions
Kate Andrews looks at the case of Bath Rugby Ltd v Greenwood and Others and Bath Recreation Ltd [2021] EWCA Civ 1927 regarding the enforceability of an historic restrictive covenant on a recreation ground.
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AnalysisCommercial service charges – when are they reasonable?
Kate Andrews looks at the case of Criterion Buildings Ltd v Mckinsey and Company Inc. United Kingdom and another [2021] EWHC 216 (Ch) concerning the apportionment of service charges by the landlord in relation to the Criterion Building at Piccadilly Circus.
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AnalysisRent suspension clauses and business lease renewals
Ben Tarrant considers the county court decision of WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH (April 2021), the first reported case looking at pandemic rent suspension clauses and business lease renewals.
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AnalysisChallenging claims of rent arrears post Covid-19
Kate Andrews looks at some novel defences to an application for rents payable under a lease of commercial premises in the case of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited [2021] EWHC 863 (Ch).
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AnalysisService after death: solving a dilemma for property notices
Edward Francis looks at the Court of Appeal decision in Gateway Housing Association v Ali (deceased), which has brought welcome common sense to a common conundrum around serving property notices after the death of a landlord or tenant
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AnalysisFriends with benefits? Identifying beneficial owners in complex structures
Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.
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AnalysisRights of entry – or to a quiet life?
Edward Francis reviews a Court of Appeal case which re-examined the rules governing landlords’ rights of entry
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AnalysisHow’s it looking? Grounds for refusing planning consent
Kate Andrews looks at the case of 89 Holland Park Management Ltd v Hicks [2020] EWCA Civ 758, where the Court of Appeal reviewed the grounds for reasonably refusing consent under a restrictive covenant.
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AnalysisGood covenants make good neighbours – objecting to landlord consent for another flat’s alterations
Jennifer Meech considers a difficult Supreme Court decision where a landlord had granted one tenant a licence to carry out works, contrary to an absolute covenant, and a neighbouring tenant objected.
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AnalysisCourt of Appeal overlooks the case of Fearn & Others
Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.
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AnalysisDo landlords exercising Commercial Rent Arrears Recovery waive their right to forfeit?
Jennifer Meech comments on a case that clarifies the position for landlords considering taking tenants’ goods to satisfy outstanding rent claims (Brar v Thirunavukkrasu [2019] EWCA Civ 2032).
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AnalysisLicence to drain: Supreme Court grants relief from forfeiture to licensee
Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled.
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AnalysisScarle v Scarle: High Court upholds commorientes rule
Roman Kubiak and Oliver Black take a closer look at Scarle v Scarle, in which it was unclear which of a couple had died first and where the High Court recently upheld the commorientes rule.
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AnalysisVirtual reality – rating valuations based on imaginary tenants
The estimated value of an unoccupied property can be based on the general demand for similar properties in the area.