Opinions

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).

Leasehold enfranchisement: a question of marriage value

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.

To rely on a personal guarantee, make sure you tell the missus

The Message: Banks may face difficulties enforcing personal guarantees

A peculiarly Mayfair practice

Trustees' duties

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.

All fund and games

Victoria Edwards is quoted in Property in Practice, June 2011.

Leasehold enfranchisment

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.

Building works took a shine off tinsel-making business

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.

Gift of a budget? How will measures in the Budget affect charities?

Published in Charities Appeals Supplement, Summer 2011.

Tax: Current state of play