Commentary – Page 4
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AnalysisSpotlight: Edwards v Kumarasamy [2016] UKSC 40
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.
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AnalysisPreventing easements by prescription
In Winterburn v Bennett, the Court of Appeal held that a landowner could prevent easements arising by prescription by placing notices on its land. Peter Reekie discusses
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AnalysisSpotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)
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 ...
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AnalysisTaking a break
In Levett-Dunn v NHS Property Services Ltd [2016] EWHC 943 (Ch), the High Court has considered the thorny issue of the validity of notices served by a tenant to exercise a contractual break clause
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AnalysisSpotlight: Purrunsing v 1) A’Court & Co; 2) House Owners Conveyancers Ltd [2016] EWHC 789 (Ch)
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
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AnalysisDishonest discharge
The High Court has ruled that Land Registry can sue conveyancers for mortgage representations - a reminder of the care that needs to be taken when making representations, says Peter Reekie
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AnalysisSpotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
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 ...
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AnalysisSpotlight: Budget 2016 – bad news for big business and buy-to-let?
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.
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AnalysisConsumer protection has arrived in conveyancing - are you ready?
Legislation in force since 2014 has a significant impact on the duties of solicitors in conveyancing transactions in general and dealings involving consumers. Lawrence Heller explains
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AnalysisIntended occupation
Our case this month saw the Court of Appeal clarifiy the test for a landlord successfully resisting an application for a new lease on the basis it intends to occupy the premises for the purpose of its own business.
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AnalysisYou may well ask
The High Court has awarded damages to a buyer following rescission of a property contract for fraudulent misrepresentations in pre-contractual enquiries. Peter Reekie has the facts
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AnalysisA new easement
Is it possible to have an easement to use things like a tennis court or a golf course and to do so for free? This was the main issue in our case this month, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2015] EWHC 3564 (Ch).
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FeatureProperty case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.
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AnalysisTalking shop
Peter Reekie considers Jewelcraft Ltd v Pressland, in which the Court of Appeal has clarified what is a ‘house’ for the purposes of enfranchisement under the Leasehold Reform Act 1967.
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AnalysisProperty Section committee end of year review
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
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
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
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AnalysisSpotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147
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
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AnalysisSpotlight: Autumn statement 2015
Fionnuala Lynch, tax partner at Hamlins LLP, comments on the property headlines in this week’s autumn statement
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AnalysisChallenging the notice to complete
In Hakimzay Ltd v Swailes, the High Court considered an attempt by a party that had been served with a notice to complete to evade the enforcement of the contract. Peter Reekie explains why they failed
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AnalysisChalet or chattel?
In Spielplatz Ltd v Pearson, the Court of Appeal had to decide whether a chalet was a chattel or had become part of the land on which it was situated. Peter Reekie explains