All Property articles – Page 37
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Analysis
Morshead Mansions Ltd v Di Marco
TopicsLandlord and tenant – Service charge – Flat Alternative Citations[2014] EWCA Civ 96 Hearing Date12 February 2014 CourtCourt of Appeal, Civil Division JudgeLord Justice Patten, Lord Justice Lewison and Lady Justice Sharp RepresentationMark Tempest (instructed by the Bar Pro Bono Unit) for the tenant.Philip Rainey QC and Edward Hicks (instructed ...
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AnalysisSpotlight: Orientfield Holdings Ltd v Bird & Bird LLP
Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase
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FeatureChinks in the armour
With over a third of all professional negligence claims emanating from conveyancing, and insurance costs rising, effective risk management is crucial. Amy Bell provides an overview of some of the common causes of claims, and offers strategies to mitigate them
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FeatureCritical conditions
The Law Society’s conveyancing and land law committee and software developers Oyez are collaborating on a new edition of the Standard Commercial Property Conditions. Warren Gordon discusses what to expect from the upcoming third edition
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OpinionThe main event
Ian White outlines what members can expect from this year’s National Property Law Conference on 9 October
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FeatureGood neighbours
Property lawyers in England may find themselves acting in transactions involving property in Wales, but with the law increasingly diverging, what changes do they need to know about? Huw Williams, Andrew Evans and Andrea Planchant explain
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FeatureHelping hands
Buy-to-let has experienced a boom in recent years, but it remains a market in flux, with yet more changes announced in the budget. So how should you advise first-time buy-to-let buyers to help them make the best choices? We present the solicitor’s, agent’s and accountant’s perspectives
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Feature
Open house
In the second of our new series on social housing, James Stone considers the potential impact on the sector of the government’s manifesto proposals and proposed legislative programme, including the extension of the right-to-buy scheme
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FeaturePowers that be
In our ongoing series of articles in association with Land Registry, Richard Heaney looks at the land registration aspects of transactions involving the use of a power of attorney, and what you can do to ensure these applications are processed as quickly as possible
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FeatureSoluble problem
Fiona Pearson outlines the facts of a recent case involving an insolvent seller, and provides a practical guide to the role and duties of the conveyancer in advising a buyer where the seller is insolvent
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AnalysisCommercial sense? Arnold v Britton and service charges
The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase
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AnalysisSpotlight: Arnold v Britton [2015] UKSC 36
In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains
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AnalysisBlurred boundaries
The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements
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AnalysisSpotlight: Project Blue Ltd v HMRC
Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning
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FeatureParty politics
Matthew Hearsum provides a back-to-basics guide for residential conveyancers to the Party Wall Act, including steps in relation to party walls that should be taken when acting for buyers
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Feature
Short notice
Warren Gordon outlines important recent changes on rent deposits for pre-6 April 2007 assured shorthold tenancies in England and Wales
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FeatureIn the line of duty
There have been significant changes to stamp duty land tax in the past four years, from the introduction of a new 15% rate, to complex new rules on subsales. Paul Clark provides an overview of the changes
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FeatureGive me five
Over a year after legislation came into force, placing new obligations on commercial property solicitors around capital allowances claims, most solicitors still do not know everything they need to about the new regime. Mark Tighe gives his five top tips