Opinions

Dilapidations in the dock

In the first of a two-part article on dilapidations claims, Jonathan Ross examines why they seem to be on the increase and presenting courts with ever more problematic issues. First published in RICS Property Journal, November 2013

Use as a private dwelling may prevent sub-letting

The Message: Sometimes it is better to leave an issue well alone.

The Case: The Upper Tribunal has determined whether a flat let to the lessee for use as a private dwelling can be sub-let (Burchell-v-Raj Properties Limited (23 September 2013)).

Testamentary capacity: Satisfying banks v Goodfellow

Simon v Byford demonstrates that the courts will not set aside lightly a will because the testator has failing cognitive faculties. Harriet Atkinson and Zahra Kanani analyse the case.

First published in Trusts and Estates Law & Tax Journal, October 2013.

Landlords beware: No guarantees after a material variation

The judgement in Topland provides a timely reminder to commercial property landlords and their lawyers who have guarantees in place against their tenants, says Nikolas Ireland.

First published in Solicitors Journal, 24 September 2013.

Family Investment Companies: Prest v Petrodel resources ltd .

Are family investment companies still a viable alternative to trusts?

First seen in STEP Journal.

Regulation of private investigators

The regulation of private investigators should raise industry standards, says Bryan Shacklady, but solicitors must remain vigilant

Need for peace and quiet leaves car auction firm fuming

The message:  Location dictates whether noise is a nuisance.

The case:  The Court of Appeal has emphasised the character of the locality is important in deciding whether a business is causing a nuisance, in Merthyr Tydfil Car Auction vs Thomas (11.07.13).

Take it away, boys: fixtures are not part of land

The message: a tenant can remove substantial plant and equipment from premises.

The case: In an important case for tenants who cease to trade, the court has clarified the law with regard the removal of fixtures and fittings, in Peel Land & Property (Ports No 3) vs TS Sheerness Steel (14.06.13).

Residential Property update:

Natasha Rees and Emma Gosling assess the changes to residential service charges in the light of cases on notification requirements, time limits and consultation before qualifying works.

First published in Solicitors Journal, 9 July 2013.

Christie's Bulletin for Professional Advisors

Harriet Atkinson discusses Family Constitutions.