All Property articles – Page 37
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FeatureGreat distress
April sees the introduction of commercial rent arrears recovery, replacing the common law remedy of distress. But the new regime is significantly more limited in scope, and could spell real problems for commercial landlords. Warren Gordon explains
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OpinionRisky business
With the sobering news in January that 136 firms have folded, having failed to obtain professional indemnity insurance, Peter Rodd explains how firms could better manage risk to avoid becoming another statistic.
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Analysis
Redress Schemes for Property Management Work etc (England) Order 2013
Provision is made for approved redress schemes for dealing with complaints by consumers against lettings agents and property management agents, who must be members of such a scheme.
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Analysis
Spencer v Taylor
The Court of Appeal has considered what type of section 21 notice should be given to end an assured shorthold tenancy.
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Analysis
Mobile Homes (Site Rules) (England) Regulations 2014
Site owners will be prevented from using site rules inappropriately to the disadvantage of mobile home owners from 4 February 2014.
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Analysis
Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd
The claimant landlord commenced proceedings against its former tenant to recover the cost of work required to put the property back in the state it would have been in had the defendant tenant complied with its repair obligations.
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Analysis
Balog v Birmingham City Council
The Court of Appeal held that Birmingham City Council had considered the issue of affordability when considering whether the respondent had made himself intentionally homeless.
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Analysis
EU Plants Ltd v Wokingham Borough Council
A judicial review application relating to alleged abuse of tree preservation order powers by a local authority.
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AnalysisServing a section 21 notice - good news for landlords
Peter Reekie examines a recent case clarifying the required notice to terminate a type of assured shorthold tenancy
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Analysis
Peel Land and Property Ltd v TS Sheerness Steel Ltd
The High Court considered whether the tenant of a steelworks was entitled to remove heavy industrial plant it had installed in the premises.
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Analysis
Energy Efficiency (Eligible Buildings) Regulations 2013
An energy saving target of 163.6 gigawatt hours must be achieved in buildings owned and occupied by central government, and must be achieved by 31 December 2020.
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FeatureFuture trouble
Agreements attempting to give sellers a share in the increase in the value of land after it has been sold are fraught with difficulties. Michael Poulsom highlights some of the potential pitfalls to be avoided by practitioners
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OpinionWinds of change
Peter Rodd looks back at the developments of recent decades which have changed the face of conveyancing – and forward to the next big change: the Law Society’s Conveyancing Portal
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FeatureStamping out avoidance
As stamp duty land tax reaches 10 years of age, Paul Clark examines its effectiveness, and explains how new anti-avoidance legislation which came into force in July has affected various aspects of the tax
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FeatureService industry
Roger Buston reviews an in-depth book on commercial and residential service charges, which successfully manages to pull together a number of often confusing threads of both regulation and case law to inform the busy practitioner
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FeaturePushing the envelope
Chris Sykes explains how the government is seeking to prevent the practice by which residential property is held by companies based in tax haven jurisdictions to avoid stamp duty land tax – and warns that ‘de-enveloping’ can have important implications for inheritance tax
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FeatureCredit where it’s due
With tenant insolvency on the rise in the commercial sector, Simon Wood outlines the different potential approaches to dealing with an insolvent tenant, and examines the benefits and drawbacks of the various options
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FeaturePoor conditions
Jonathan Smithers offers advice on how to comply with the Law Society’s Conveyancing Protocol in relation to standard and special conditions of sale, and warns against the unnecessary inclusion of additional conditions, with some practical examples