Opinions

Commercial property update

Considers break clauses and vacant possession, uncompleted leases, superior landlord's consent and occupier's liability. First published in Solicitors Journal, 8 November 2011.

Service charges that are beyond reasonableness

The message: The test of reasonableness allows the law to be flexible, but also creates considerable uncertainty.

The case: The Upper Tribunal has determined whether or not it is reasonable to take into account the financial position of residential lessees before spending money on major works (Garside and Anson v RFYC and Maunder Taylor, 12.09.11).

News round-up

Zahra Kanani sets out recent developments in anti-money laundering, enforcement and BPR. Published in Trusts and Estates Law & Tax Journal, October 2011.

Valuers at a loss to explain error of judgement

The message: Professionals should not act without the required expertise

The case: The High Court has held valuers liable for damages of more than £18m over a negligent property valuation, but made clear that it is not liable for all losses caused by the purchase proceeding (Capital Alternative Fund Services (Guernsey) v Drivers Jonas, 09.09.11).

The VAT conundrum

Both landlords and tenants should seek to protect themselves in anticipation of a possible change to the VAT treatment of service charges for common areas.

Published in Property Law Journal, 12 September 2011.

Residential service charges: Limitation on recovery

Natasha Rees assesses the outcome of a case that highlights the intricacies of the notices required to recover service charges effectively.

First published in Property Law Journal, 29 August 2011.

Marriage, separation and divorce and their effect on family wealth

First published in Issue 4, Thomson Reuters UK 2011.

Don’t get carried away on a subject-to-contract basis

The Message: Parties that jump the gun may well suffer the consequences

The Case: The Court of Appeal has again had to deal with a dispute between parties over an agreement that relates to considerable expenditure on land that was never properly documented (Haq v Island Homes Housing Association 20.07.11).

Timing in recovery position cannot be overestimated

The Message: Sometimes, the law is both unclear and unfair

The Case The High Court has strictly applied the statutory legislation on the 18-month time limit for recovering residential service charges, despite the unfair consequences for landlords (London Borough of Brent v Shulem B Association, 29.06.11).

When possession is nine-tenths of property law

The Message: Tenants who serve lease break notices must vacate on time

The Case: The Court of Appeal has made clear what is required for a tenant to give vacant possession of premises for a tenancy break clause (NYK Logistics (UK) vs Ibrend Estates, 16.06.11).