It is relatively widely known that landlords of residential blocks must consult their tenants before they can recover (in full) certain items through the service charge regime. For example, if they wish to carry out a substantial redecoration of the exterior of the block. But that’s once the leases are in place, right? Unfortunately it’s […]
Real Estate know how
Viewed as an attractive ornamental garden plant when initially introduced to the UK in Victorian times, Japanese knotweed is now regarded as something much more sinister. Unusually aggressive, highly invasive, capable of regenerating from the smallest piece of rhizome, difficult and expensive to eradicate … It’s destructive nature (being capable of penetrating tarmac, building foundations […]
In the case of Sheffield City Council v Oliver the Court of Appeal looked at the impact of third party contributions – in this instance Government funding – on service charge recovery. Both landlords and tenants should take note, as the principles go beyond the specific facts of the case. Most of the flats within the […]
Leases of residential property, flats particularly, commonly contain obligations on the part of the landlord to maintain and keep in repair the structure of the building and common parts and to recover the expenditure through service charge contributions from the individual tenants. Often the lease will contain a list of other services to be provided […]
The House of Lords EU Committee has published a report about the effect of Brexit on three EU Regulations which together ‘play an important role in facilitating the daily operation of the European legal system’. Jonathan Haydn-Williams looks at the Committee’s conclusions as to the Brussels I Regulation ‘recast’, relating to jurisdiction and judgments in civil […]
Proprietary estoppel is an equitable doctrine which allows the court to prevent a legal owner of property (usually land) from asserting their strict legal rights, when it would be unfair to allow them to do so. This doctrine often arises in cases of family feuds, where informal and undocumented arrangements relating to property rights go […]
The serving of notices sometimes feels more akin to bomb disposal, than posting a letter. The slightest wrong turn can potentially prove fatal! Unfortunately that has only been compounded by a recent Scottish case. Courts have generally taken a strict approach to the contractual or statutory requirements governing the form and service of notices. The safety nets they […]
To quote from the Nazi dentist played by Laurence Olivier in the movie Marathon Man; “Is it safe?”; well for a buyer’s solicitor it may not be if there is a fake seller. The judgment in Dreamvar (UK) Limited v. Mishcon de Reya is controversial, and will almost certainly be appealed, but it tells us […]
You stand back and admire your craftsmanship and attention to detail. The rebuild/repair/race preparation etc you have just finished is finally ready to be presented to your customer along with your bill. You have worked hard to get the project finished and you know that he will appreciate all your effort. You promptly send your […]
In Thomas v Dawson & Anor  EWCA Civ 706 the Court of Appeal was called upon to make a judgment on whether the Court has absolute discretion to make awards in unfair prejudice petitions under s 994 Companies Act 2006. Background The Companies Act 2006 (“CA 2006”) allows for a member of a company to […]
On 8 July the Chancellor presented his Summer Budget to Parliament. Many of the measures contained in the Budget will have a significant impact on a range of Private Client issues and we will be looking at these in more detail over the coming months. In the meantime, we have summarised the key headlines below: […]
Office to Residential conversion is at a 10 year high following changes in May 2013 to the planning laws in England. The changes saw the relaxation of rules surrounding what development would be allowed under the Town and County Planning (General Permitted Development) Order 1995. One of the key changes implemented was that office space […]
The Supreme Court Judgment in Coventy v. Lawrence, delivered on 26 February 2014, has many ramifications for the law of nuisance, but for property developers, their architects and other professional advisors, a key significance of the judgment is as to the assessment of risk of injunction arising out of infringement of rights of light. The […]
Of the various attempts to strike a fair balance in the landlord and tenant relationship, and to mitigate some of its rougher edges, at the ‘softer’ end are those that seek to influence and guide rather than prescribe or legislate. Of late that ‘softer’ side seems to have mainly comprised codes of practice; and in […]
Earlier this month, an Employment Appeal Tribunal (EAT) judgment in three joined cases (Bear Scotland Limited & Ors v Fulton & Ors; Hertel (UK) Limited v Woods & Others and Amec Group Limited v Law & Ors) has confirmed: (i) that all elements of a worker’s normal remuneration (including payments in respect of non-guaranteed overtime) […]
A recent decision in the Birmingham County Court that has applied the Court of Appeal ruling in Superstrike Ltd v Marion Rodrigues (“Superstrike”) has changed the way in which it was understood the legislation relating to tenancies and deposits was meant to operate. The Statutory Background Under the Housing Act 2004 (“HA 2004”), landlords must […]
29 July 2014 will mark the first anniversary of the introduction of legal fees in the Employment Tribunal. Heavily publicised and politically charged, the introduction of fees for submitting a claim, and further fees for progressing to a full hearing, has had a considerable impact on the Employment Tribunal System, as demonstrated in brief by […]
Residential Property and Capital Gains Tax: Changes Afoot for Non-UK Residents and Multiple Home Owners
Capital Gains Tax has found itself in the spotlight in recent weeks, owing to two significant changes to the CGT and residential property landscape. Firstly, the government has moved to limit the final period exemption that allowed those owning more than one residential property to reduce CGT on second homes. Secondly, looking forward, plans to extend the CGT regime to non-UK residents selling UK residential property appear to be going ahead, and are set to be in force from April 2015. We take a look at these reforms in more detail.
Svensson and others v Retriever Sverige AB Overview Linking is the practice of posting clickable links on the internet which lead to content posted elsewhere. Under s20 of the Copyright, Designs and Patents Act 1988 (“CDPA”), it is prohibited to communicate to the public by electronic transmission the whole or a substantial part of a […]
It is not surprising that most people find it quite difficult to get around to making a Will. It can be hard to face up to one’s own mortality and often when people are considering making a Will it is after somebody close has died. However, if you do not make a Will then you […]
Since 2012, the Government has been conducting an audit of EU powers (or “competences” to use the jargon) with a view to seeking whether their repatriation to the UK in appropriate cases. In a recent consultation, it has got round to asking interested parties on about the current division of regulatory responsibilities between Brussels and […]
As with 2013, there will be no rest for employment law advisers, employers and HR practitioners in 2014, with further legislative change on the agenda. Many of the changes hail from the government’s Red Tape Challenge following its publication of the report “Progress on Reform” on 14 March 2013, which detailed the intended timetable for […]
Société des Produits Nestlé SA v Cadbury UK Limited  EWCA Civ On 4 October 2013 the Court of Appeal decision in Nestlé’s challenge to Cadbury’s registration of a shade of purple as a trademark for their chocolate products gave careful consideration to the application of Article 2 of the Trade Marks Directive 2008/95/EC. Registration […]
In its Green Paper entitled “Preparing for a fully converged audio visual world” published in the Spring of this year, the Commission gave its gloss on the famous FAPL judgment of the European Court of Justice (Judgment of 4 October 2011). The Court’s judgment had cast doubt on the validity of exclusive broadcasting agreements on […]
Now that employees usually need over two year’s service before they are able to claim unfair dismissal, they often look for other potential claims to bring against their employer if the relationship ends on a sour note. Whistleblowing is one of those potential avenues as no period of qualifying service is required. Employers would be […]
New Planning Rules for Change Come into Effect – Regime Relaxed for Change of Use from Office to Residential
In our February edition of GD Online, we highlighted the changes which the government was proposing to introduce in relation to permitted development rights, particularly the change of use from offices (Class B1(a)) to residential (Class C3) without the need for planning permission. The legislation came into force on 30th May 2013.
Mark Kendrick gives his latest instalment of seeming injustice for tenants when seeking to exercise break clauses.
The summer’s exciting sporting action has not entirely obscured important developments off the field in the Pay TV market. Ofcom has been trying for a long time to loosen Sky’s grip on Premier League rights and BT Vision has bought a package of rights at considerable expense. However Ofcom has lost a significant battle before the Competition Appeal Tribunal . And it looks as if the pub landlady’s much trumpeted “victory” will be snatched from her as the Premier League curtails the number of foreign broadcasts. Stephen Hornsby asks whether it is now time for the regulatory authorities to move on.
The Motion Picture Association (MPA), which represents a number of Hollywood film studios, has been successful in its application to the High Court to prevent BT from allowing its ISP customers to access the Newzbin2 website. The landmark judgment was handed down on 28 July 2011 by Mr Justice Arnold. The MPA argued that the […]