Property litigation

Boundary disputes to be overhauled

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While we await the new date for the Property Boundaries Bill to be considered in the House of Commons Our expert looks at the Bill and how it will revolutionise boundary disputes. More …

Landlords' consent: when can landlords refuse for fear of enfranchisement?

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A recent case has updated the law on refusing consent (to assign, sublet, change use etc) on the basis that the tenant might acquire the freehold: it will be harder to do so in some modern leases. And the judgment also shows surveyor witnesses how not to deal with a trial… More …

Rights to Light update: How your behaviour with neighbours will impact your risk of an injunction

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A recent decision of the Court of Appeal is a stark example of the effect conduct has on the court's discretion to grant an injunction. More …

Longer red tape for landlords

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If you manage a block with residential tenants, make a note that your next service charge consultation might be much more complicated. Following a tribunal decision, landlords must now consult with all residential leaseholders, even sub-tenants with whom they have no relationship. More …

"Shop a Lidl Smarter" - The danger of 'draft' joint venture agreements

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There exist a multitude of reasons why a deal that has been struck never quite makes it on to paper. Time marches on. The parties decide to focus on progressing the deal, not ironing out the detail of the contract and then suddenly one party finds itself ruing that decision. More …

Latest guidance on injunctions from the Court of Appeal

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Since the case of Coventry v Lawrence [2014] UKSC 13 the prospect of obtaining an injunction where there has been an infringement to property rights has been less certain. More …

Disrepair: Landlord's options during the term

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For breach of repairing obligations damages are the only remedy available to the landlord of commercial premises at the end of the term of a lease, but what options does the landlord have during the term, and what are the advantages and disadvantages of deploying them? More …

Time for a change: To speed up the enforcement of possession orders

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This article deals with the problem of delays in the court system for landlords of assured short-hold AST tenants who have obtained a court order for possession and want to enforce it. More …

Landlord alert: Letting of properties with poor EPC ratings to be severely restricted from April 2018.

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The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (S.I. 2015/962) More …

Dilapidations: To repair or to pay?

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You're coming to the end of your commercial lease, and the premises aren't in a good way. Your priority is keeping costs to a minimum, so the questions you need to ask are: More …