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Property Law

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Leasehold Reform: the Law Commission Consultation Proposals

The long‑awaited Law Commission Consultation Paper (Consultation Paper) on reforming leasehold law was published in September 2018. This was in response to the significant pressure that the Government has been under to reform the law on leasehold property ownership, particularly due to the rise of so-called “toxic leasehold houses” sold by new build property developers […]

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Commercial Landlords’ Legal Responsibilities

All commercial property landlords have one goal in common; to maximise rental income whilst safeguarding and maintaining the property so that it realises its full market value upon sale. Commercial property comes in a huge variety of shapes, sizes, uses, and values but all commercial landlords are subject to the same health and safety regulations […]

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Service Charges: If It Ain’t Broke… Don’t Fix It!

The Case of Tedworth North Management Ltd v Miller and Ogorodnov [2016] highlighted the risks involved with landlords seeking to recover costs and expenses through a Service Charge when the works aren’t specifically covered within the Landlord’s Lease obligations. The Case A Management Company Landlord of a block of flats replaced the building’s window-frames and […]

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Commercial Property Leases: 4 Key Tenant Considerations

Due to the high expense and upfront capital investment required to purchase a commercial property, many businesses prefer instead to become a Tenant under a Commercial Lease. A Commercial Lease records the relationship between the property owner (the Landlord) and the occupier (the Tenant) and sets out the terms on which the Tenant may occupy […]

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Trigger Events: Development v Town & Village Greens

Most people’s nostalgic view of a village green conjures up an image of the heart of a rural community; home to cricket clubs, church steeples, village fêtes, afternoon tea, and May Day celebrations. However, in more recent times the Courts have adopted a far wider definition and all types of land have been registered as […]

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Buy-to-Let Properties: The New ‘Affordability Rules’

If you are a buy-to-let landlord, and you thought the 3% Stamp Duty Surcharge had impacted your ability to purchase further properties, have you considered how the new ‘Affordability Rules’ will affect you? On 30 September 2017 new rules came into force for all landlords owning four or more properties with the aim of putting […]

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Claiming land: Squatter’s rights and enclosure

Last year, a client visited our offices and told us that his (now former) solicitor had failed to register some open land in his name. The failed initial Application We discovered that the land he had failed to register was not enclosed by any fence, wall or other similar boundary feature. This was a strip […]

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The Budget and business rates relief

A quick glance at the news and you’ll know that shopping in the UK is changing. Online giants such as Amazon and Asos have been a death knell for the high street. Stores have been struggling and not just the small ones. Longstanding household names, House of Fraser, Toys ‘R’ Us and Debenhams, amongst many, […]

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Frustrating events

Another day, another article on Brexit. But this one is a little bit different. It concerns a dispute between the Canary Wharf Group, a property development, investment and management company, and its tenant, the European Medicines Agency (“EMA”). The EMA is, in simple terms, attempting to get out of the remaining term of its 25 […]

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Knowing the Boundary

Pursuing boundary disputes through the courts can be a very costly and stressful exercise. The parties usually end up incurring legal costs disproportionate to the value of the land itself and often end up falling out irretrievably with their neighbour.  In the light of this a new protocol, known as the Protocol for Disputes between […]

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Airbnb – Playing with fire?

Over the last few years, the popularity of short term holiday or business letting websites has increased and shows no sign of slowing down. It’s easy to see why. The hosts can rent out their property when it suits them and don’t have the burden of becoming a full time landlord. The guests get an […]

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Fighting the system – Service charge disputes

Service charges will be familiar to most people holding flats or houses under a long lease.  A leasehold owner owes various obligations to the freeholder (or a management company, where present) as set out in the lease including paying ground rent, contributing towards the insurance of a multi-occupier building and paying service charge, generally, the […]

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