12 September 2011

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.

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5 August 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).

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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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