All Property articles – Page 36
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Analysis
Pall Mall Investments (London) Ltd v Gloucester City Council
The district judge upheld the respondent local authority’s unoccupied non-domestic rate demand against the appellant company and rejected the appellant’s argument that the properties were exempt on the ground that non-occupation was the result of dilapidations and the state of the properties was such that occupation was prohibited by law. ...
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Analysis
Henderson v Foxworth Investments Ltd and another
Liquidator of the Letham Grange Development Company sought reduction of a security over the Letham Grange resort near Arbroath in Scotland.
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Analysis
Schroder Exempt Property Unit Trust and another v Birmingham City Council
The High Court held that a landlord was liable to pay business rates on an empty property where a liquidator had disclaimed the lease, despite the fact that the landlord had not taken possession of the property and a guarantor under the lease continued to pay the rent.
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AnalysisSpotlight: Martin Retail Group Ltd v Crawley Borough Council
The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable.
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AnalysisTown and village greens: UKSC overturns House of Lords decision
Peter Reekie looks at a recent attempt to prevent development taking place on vacant land by applying to register it as a town and village green
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Analysis
Lie v Mohile
The Court of Appeal held that a court was wrong to find that a partnership between two medical practitioners had terminated and, accordingly, that an application for a new business tenancy had failed.
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Analysis
R (on the application of Barkas) v North Yorkshire County Council
The Supreme Court considered the issue of whether land in Whitby should be registered as a town or village green under section 15 of the Commons Act 2006.
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Analysis
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been ...
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News
Law Society raises concerns over Lender Exchange
The Law Society has raised concerns over the new Santander Conveyancing Panel Portal, now known as Lender Exchange
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NewsLand registry update
The Law Society has responded to the government’s consultation on the introduction of a Land Registry service delivery company, warning that the proposals could undermine the integrity of the register.
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NewsNew mortgage rules came into force on 26 April
Homebuyers will face tougher checks before being granted a mortgage, under the changes that came into force on 26 April, folloeing the FCA’s mortgage market review
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FeatureThe weakest link
Marlon Appleton provides a step-by-step guide to one of the trickiest elements of stamp duty land tax: how the legislation applies to transactions linked by connected persons, in a series, or within a single scheme
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FeatureSnakes and ladders
With the property market looking up, many conveyancing firms are back in the recruitment market. But how can you ensure that you recruit the appropriate staff resource to cope with future market changes? Victor Olowe explains
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FeatureSafe as houses
Conveyancing has traditionally been considered a high-risk area for complaints and insurance claims from both clients and lenders. Steve Ray explains how conveyancing firms can allay these concerns for the insurers and get the best out of this year’s renewal process
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FeatureOpen house
New legislation offers homebuyers and tenants greater protection from misleading statements about properties, but it will also affect property agents and solicitors. Robert Bolwell explains
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FeatureGreen and pleasant land?
The high-profile case of the undercroft on London’s South Bank has highlighted the continuing issues around town and village greens. Antonia Murillo explains the law and practice, and how solicitors should advise landowners wanting to develop unused land
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FeatureLease and bounds
Late last year, the Law Society responded to the Law Commission’s consultation on areas of landlord and tenant law in need of reform. Warren Gordon outlines two of the issues in our response, on guarantees and contracting out