Reviewing the potential problems of entering into an agreement with telecomms to install apparatus on land. Published in Solicitors Journal, December 2011.Download PDF
Access all areas. Whaley v Whaley poses the question of when a trust fund is a 'resource' in a divorce proceedings. First published in Trusts and Estates Law & Tax Journal, December 2011.Download PDF
The involvement of a family lawyer at the beginning of the relationship can minimise the conflict (and cost) at the end.Download PDF
First published in Property Law Journal, 5 December 2011.Download PDF
A question of contract or estate? Natasha Rees examines a case that considers the status of a tenant where the lease is assigned in parts without the knowledge of the landlord. First published in Property Law Journal, 21 November 2011.Download PDF
First published 17 November, 2011Download PDF
Barrett v Bem sets an unusual precedent. First published in Trusts and Estates Law & Tax Journal, November 2011.Download PDF
Published in Citywealth edition 133, November issue 2011.Download PDF
Considers break clauses and vacant possession, uncompleted leases, superior landlord's consent and occupier's liability. First published in Solicitors Journal, 8 November 2011.Download PDF
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).Read more
Zahra Kanani sets out recent developments in anti-money laundering, enforcement and BPR. Published in Trusts and Estates Law & Tax Journal, October 2011.Download PDF
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).Read more
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.Download PDF
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.Download PDF
First published in Issue 4, Thomson Reuters UK 2011.Download PDF
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).Read more
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).Read more
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).Read more
Should valuation of the tenants' interests on a collective enfranchisement take account of the 1993 Act, or assume a 'no Act world'? Natasha Rees considers a Court of Appeal decision on the issue.
First published in Property Law Journal, 27 June 2011.Download PDF
The Message: Banks may face difficulties enforcing personal guaranteesRead more
Victoria Edwards is quoted in Property in Practice, June 2011.Download PDF
Review and inform: discuss a case that emphasises the high standards the courts expect from trustees towards beneficiaries. First published in Trusts and Estates Law & Tax Journal, June 2011.Download PDF
When is a building self-contained? Purchasing the freehold of a building can have added complexities when the building concerned is a mansion block. First published in Property Law Journal, 13 June 2011.Download PDF
The Message: An employer is not generally liable for the unlawful acts of an independent contractor.
The Case: The court considered which parties the claimant could sue and what damages could be recovered, for damage caused to manufacturing equipment by dust during building works in Tinseltime v Roberts and others.Read more
Published in Charities Appeals Supplement, Summer 2011.Download PDF
The Message: Failure to comply with the strict requirements of a contract may be fatal.
The Case: The Court of Appeal has decided whether a buyer of development land can rely on a technical breach to free itself from an uncommercial contract in Barratt London North v JM Rowe Investments (12.05.11).Read more
Zahra Kanani charts recent developments in tax policy. First published in Trusts and Estates Law & Tax Journal, May 2011.Download PDF
The Message: Parties should ensure they serve all their witness evidence before trial
The Case: Litigation between Nottinghamshire and City of Nottingham Fire Authority and Gladman Commercial Properties (20.04.11) raised the issue of whether important evidence should be allowed some time after the case has started.Read more
The Message: There are strict time limits for bringing property claimsRead more
The Message: Commercial property agents have to be sure who their client is.
The Case: The High Court has determined whether an agent can recover commission on securing a property for a party with whom it did not have a direct contract (Lorenz Consultancy v Fox-Davies Capital, 17.03.11).Read more
Published in STEP Journal, April 2011.Download PDF
Addresses the issues that will be of immediate interest to anyone in the property arena. Published in Property Law Journal, 4 April 2011.
The Message: Honesty is the best policy when making insurance claims.
The Case: An insurance company sought to recover over £230,000 paid out for subsidence damage on the basis the insured had misled it into paying too much (Aviva Insurance Ltd-v-Brown (25/2/2011)).Read more
Rosalind Cullis assesses in what circumstances third party professional fees are recoverable.
First published in Property Law Journal, 7 March 2011.Download PDF
Zahra Kanani considers the results of a recent consultation over disposal of land by charity trustees. First published in Property Law Journal, 21 February 2011.Download PDF
The Message: Landlords may not recover service charges for major works if they fail to consult properly with tenants.
The Case: The Court of Appeal has held that landlords may suffer severe financial consequences if they undertake major works to residential properties without first complying with the statutory consultation procedure (Daejan Investments –v- Benson (28/1/2011).Read more
When can a tenant seek relief? First published in Property Law Journal, 7 February 2011.Download PDF
The message: Experienced businessmen receive little sympathy from the courts.
The case: The High Court has decided whether a guarantor can delay enforcement on the basis that payment was agreed to be deferred for five years (Spring Finance v HS Real Company, 20.01.11).Read more
Natasha Rees reviews a decision of the Upper Tribunal concerning the correct rate to be applied to leases under 20 years.
First published in Property Law Journal, 24 January 2011.Download PDF