Commentary – Page 4
-
NewsThe Homelessness Reduction Act 2017 - catching mammoths with straw nets?
Daniel Fitzpatrick, partner at Hodge Jones & Allen, discusses the Homelessness Reduction Act 2017.
-
FeatureOff-plan property development: a risky business
Eason and another v Wong [2017] EWHC 209 (Ch) – under certain circumstances a lien is applicable to a buyer’s deposits, making them a secured creditor, when a seller liquidates.
-
FeatureMortgage fraud: spotting the warning signs
Peter Rodd has been leading our series of fraud and cybersecurity seminars taking place until the end of June. Here, he shares a real-life example of mortgage fraud and the warning signs that the conveyancer failed to spot.
-
NewsSide letters: a cause for concern
Peter Reekie looks at the recent case of Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch).
-
NewsSale of land – breach of contract
The Court of Appeal reviewed if there was a breach of contract in, Savills (UK) v Blacker and another [2017] EWCA Civ 68.
-
AnalysisIs an oral contract for the sale of land enforceable?
In Matchmove Ltd v Dowding, the High Court was asked to decide whether an oral contract for the sale of land is enforceable.
-
AnalysisA costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
-
AnalysisSpotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
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.
-
AnalysisWhere liability lies: acting for fraudsters
The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains
-
Analysis
Danger for solicitors where seller is a fraudster: P and P Property Ltd
Warren Gordon outlines the recent case of P&P Property Limited v (1) Owen White and Catlin LLP (2) Crownvent Limited t/a Winkworth, in which the seller was a fraudster
-
-
AnalysisSpotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)
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 ...
-
AnalysisLidl to worry about: the Pallant v Morgan equity revisited
Some quarters of the legal press have been panicked about the recent outcome of a High Court judgment relating to a proposed joint venture property agreement which revisted the rules around a Pallant v Morgan trust. Mark Hughes explains why there is actually nothing to worry about…
-
AnalysisBreaking up is hard to do?
Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.
-
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.
-
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
-
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 ...
-
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
-
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
-
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