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22 July 2011

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).

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8 July 2011

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).

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27 June 2011

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.

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15 June 2011

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.

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13 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.

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10 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.

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