Legislation increasing permitted development rights for business premises and the re-use of existing buildings has recently come into force. Key features include: Permitting the change of use of offices to residential. Allowing the flexible use of existing agricultural buildings. The…
Landlords who seek a payment of rent in advance as a means of reducing the chance of a tenant defaulting on its liabilities under a tenancy agreement will be reassured by a Court of Appeal decision. The court held that…
Taxpayers that actively manage their property lettings and wish to incorporate their business will welcome a recent decision in the Upper Tribunal (Tax Chamber). The Upper Tribunal determined that the term "business" in the capital gains tax (CGT) "incorporation relief"…
The High Court, in a case where a tenant having paid rent for a full quarter exercised a break-clause part way through the quarter, has implied a term into the lease entitling the tenant to a repayment of rent from…
When a landlord wishes to carry out works and the cost of completing them will be charged to the tenants via the service charge they pay, the law requires the landlord to carry out a consultation exercise if the cost…
A 15-year-long boundary dispute between neighbours on an island in the middle of the River Thames, concerning a strip of land measuring just 10 feet in width, has been resolved by a judge who treated the position of an old…
The Control of Asbestos Regulations 2012 [1] came into force on 6 April 2012. These made some adjustments to the existing Regulations, in order to take account of the European Commission’s view that the UK had not fully implemented the…
A firm of surveyors which carried out valuations that overstated the value of three properties found itself defending an action for negligence recently. The surveyors had issued valuations on which a mortgage lender had relied when approving loans. The High…
A house owner has been awarded almost £380,000 in damages and interest against a partner in a building firm who fraudulently induced him into entering into a contract for the renovation and extension of his property. The builder had ‘participated…
A recent High Court case shows the dangers of negotiating in a dispute without legal representation. It also illustrates that an agreement which disposes of an interest in land does not have to be in writing if the purpose of…
