All Property articles – Page 35
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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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FeatureRain check
The long-awaited Flood Re scheme is now planned to come into force next month. Russell Hewitson outlines how the scheme will work, what properties are eligible, and how to advise clients living in flood-risk areas
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FeatureWatching brief
The Solicitors Regulation Authority is set to make major changes to regulation in the legal sector this spring. Michael Garson outlines the context for the change agenda and the particular issues around conveyancing
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FeatureMint conditions
The third edition of the Standard Commercial Property Conditions will soon be released. Warren Gordon provides a round-up of some of the key changes from the previous edition
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FeatureLicence to bill
An existing client comes to you with a big idea: to buy a pub. You want to take the work, but should you? Tariq Philips looks at how to make the decision, how to quote for the work, and some of the unusual elements of transactions to purchase licensed premises
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FeatureWho do you know?
David Gilroy explains how effective client relationship management can help you keep and win clients, and how to get it right in practice
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FeatureHome and away
Clients may not realise how complicated it can be to buy or inherit a property abroad. Jo Summers looks at the issues involved and the impact of the new EU regulation on succession
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FeatureCheck, please
Sarah Ellison and Eleanor Murray outline the new ‘right to rent’ checks, introduced by the Immigration Act 2014, and explain what landlords, agents and those subletting need to do to comply
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OpinionChange afoot
Ian White explains how members can help the committee further build the Property Section to meet the evolving needs of property solicitors
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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).