Property Case NewsCatch up on the big legal cases affecting the property markets from the UK and Europe.
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The payment of a deposit by a buyer to a seller under a contract for sale is a fundamental part of a transaction since it comprises the “consideration” that all first year law students learn is necessary – along with offer and acceptance – for the formation of a binding agreement between parties.
A property tycoon facing debts of £611m has lost a High Court battle with creditors over an individual voluntary arrangement (IVA) that would have seen creditors receive seven pence for every pound owed.
Service charges have the potential to become a fairly contentious issue between landlords and tenants. Indeed, an intermediate landlord recently faced litigation over the reasonableness of the amounts claimed.
A recent Court of Appeal judgment, MSC v Cottonex (2016), has clarified the law around repudiatory breaches of contracts, specifically the ability (or inability) of an innocent party to affirm a contract where a repudiatory breach has occurred.
Commercial tenants with a ‘vacant possession’ break clause in their lease run the risk of nullifying the termination of the lease by failing to properly remove all their belongings from the premises - even down to internal walls and floor coverings - a recent ruling by the High Court has found.
The Court of Appeal has issued a landmark judgment in a professional negligence case setting a new precedent by changing the legal principle of causation.
The Supreme Court has ruled that the Human Rights Act does not apply in possession claims between private parties, preventing a major expansion of human rights into private contractual disputes.
Aldi and Iceland have adjoining stores on the outskirts of Cambridge in unit 1 & 2 and also share an accessway and car park.
While many employers are aware of the potential risks of the annual Christmas party and will prepare accordingly, they would do well to remember that while the party season may be over, there will inevitably be other external work-related alcohol-fuelled events during the course of the year. Indeed, for the property sector, Mipim is just around the corner.
In theory, housebuilders developing smaller sites don’t have to make affordable housing contributions. There is, after all, a written ministerial statement (WMS) saying as much, and local plans are supposed to fall in line with national policy.
In a move resisted by many business groups, the government has announced plans to encourage equal pay by introducing compulsory gender pay gap reporting for companies operating in the UK that employ 250 or more people.
Businesses up and down the land already know that they face a huge shake-up to the business rates system come 1 April, with the introduction of the so-called ‘Check, Challenge, Appeal’ process.
Last week, Capita Real Estate and Infrastructure announced the creation of a new arm of the business dedicated to housing estate renewal. Capita’s establishment of the Estates Regeneration Unit followed hot on the heels of the publication of the national strategy for estates regeneration at the end of last year.
Local authorities and developers can still push for sustainability despite lack of government support
On taking power last year, one of the first things the Conservative administration did was to scrap the target established by previous governments that all new homes should be ‘zero carbon’ - that is, they should cause no net increase in carbon dioxide pollution - from 2016.
Traditionally, office areas designed for visiting clients occupy dedicated and contained spaces that are segregated from staff areas and amenities.