Opinions

Withold temptation to self-instruct

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).

US Estate tax legislation - seize the moment

Published in STEP Journal, April 2011.

Business taxation

Addresses the issues that will be of immediate interest to anyone in the property arena. Published in Property Law Journal, 4 April 2011.

Dishonesty is not the best insurance policy

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)).

Flagging up the class ceiling

Terminal dilapidations claims: recovery of fees

Rosalind Cullis assesses in what circumstances third party professional fees are recoverable.

First published in Property Law Journal, 7 March 2011.

Why London has become hot property

Charities: Taking the power back

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.

Limit on Service Charge Recovery

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).

Please relief me

When can a tenant seek relief? First published in Property Law Journal, 7 February 2011.