Property Law
What type of S21 notice should be given to end an assured shorthold tenancy?
Section 21(1) of the Housing Act 1988 states that: On or after the end of a fixed term assured shorthold tenancy, the court can order possession of the property if the below applies: (a) The assured shorthold tenancy has ended and no other tenancy exists other than a periodic tenancy; (b) The landlord has given […]
Read moreService charge apportionments
Section 19 (1) (a) of the Landlord and Tenant Act 1985 states that service charges are payable “only to the extent that they are reasonably incurred”. In Blackpool Borough Council v Cargill [2013] , the Tribunal was asked to decide if a service charge which had not been precisely apportioned was reasonable. Facts of the […]
Read moreThey think it’s all over…it is now. Or is it?
This blog is a continuation from our previous blog on this subject of 26 February 2013. Churches may have been given a ten year ‘heads up’ but at midnight on 13 October this year, Chancel Repair Liability (CRL) (as well as various other customary rights) will cease to have overriding status in most property transactions. […]
Read moreCourt of Appeal rules on Tenancy Deposit
The Housing Act 2004 (as amended by the Localism Act 2011 ) came into effect in April 2007. The Act requires a tenant’s deposit to be protected in an approved tenancy deposit scheme within 14 days of being received by the landlord. If the deposit is not protected the landlord must pay a fine and they […]
Read moreProperty survey: Do you need one?
When purchasing a property, a good and proper survey can easily be overlooked because of cost. However, cost cutting at the early stage of the conveyancing process can lead to substantial hidden costs at a later date. Why do you need a survey? When buying a property you need to think ahead. The money spent […]
Read moreThe Green Deal Scheme
In January 2013, the Government launched the Green Deal to overhaul the UK’s inefficient housing stock whilst reducing energy bills. It is designed to allow households and businesses to make energy efficient improvements such as double glazing at no upfront cost. Instead, repayments are made over time through electricity bills. All households are eligible to […]
Read moreFail to derail? HS2 Protesters Plan to Launch Appeal in the High Court
Back in February, we considered the positive and negative aspects of the proposed (and highly controversial) high speed rail link (HS2), particularly its effect on Leeds and the surrounding area. Fuelling the controversy surrounding HS2, earlier this month, one of the biggest ever Judicial Reviews was conducted in the High Court in relation to phase […]
Read moreWhat would you do without your Right to Light?
There has been a lot of coverage in the news recently about the Right to Light and its potential demise, which seems to be part of an ongoing review of planning laws in England and Wales. Green Belt land has also been on centre stage recently. What is your Right to Light? It may be […]
Read moreChancel Repair Liability – A ‘gift’ passed down by generations now under threat
Churches may have been given a ten year ‘heads up’ but at midnight on 13 October this year, Chancel Repair Liability (CRL) (as well as various other customary rights) will cease to have overriding status in most property transactions. The history behind Chancel Repair Liability Pre 1500AD most churches had a Parish Rector, who lived […]
Read moreHome Reversions – A brief introduction
A Home Reversion plan is where you sell your home or a percentage of it to a Reversion Company but retain the right to live in it rent-free for the rest of your life. A Lifetime Lease is granted to you on completion of the Home Reversion plan which is registered at the HM Land […]
Read moreChanges to planning laws
Changes of planning law came into effect on 1 October to allow the ancillary space above retail shops (either A1 or A2) to be converted into residential use without the need to obtain planning permission. The main conditions to comply with are: The retail use is on a floor below the residential part of the […]
Read moreStairway to Litigation
Under the Defective Premises Act 1972, a landlord owes a duty of care to anyone who might be affected by defects present in the premises which they let. In a worrying decision for social and private landlords, the High Court has ruled that a landlord can be liable for not carrying out repairs even where […]
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