14 October 2011
The message: The test of reasonableness allows the law to be flexible, but also creates considerable uncertainty.
The case: The Upper Tribunal has determined whether or not it is reasonable to take into account the financial position of residential lessees before spending money on major works (Garside and Anson v RFYC and Maunder Taylor, 12.09.11).
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13 October 2011
Zahra Kanani sets out recent developments in anti-money laundering, enforcement and BPR. Published in Trusts and Estates Law & Tax Journal, October 2011.
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23 September 2011
The message: Professionals should not act without the required expertise
The case: The High Court has held valuers liable for damages of more than £18m over a negligent property valuation, but made clear that it is not liable for all losses caused by the purchase proceeding (Capital Alternative Fund Services (Guernsey) v Drivers Jonas, 09.09.11).
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12 September 2011
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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29 August 2011
Natasha Rees assesses the outcome of a case that highlights the intricacies of the notices required to recover service charges effectively.
First published in Property Law Journal, 29 August 2011.
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10 August 2011
First published in Issue 4, Thomson Reuters UK 2011.
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5 August 2011
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
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
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
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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