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Property Case News

Catch up on the big legal cases affecting the property markets from the UK and Europe.

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The risks of deleterious materials in construction contracts

3 November 2017

The inclusion of deleterious or prohibited material clauses in both building contracts and professional appointment documents is widespread within the construction industry.

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Searching with malice

27 October 2017

In a recent transaction, completion was jeopardised because the buyer’s application for a priority search revealed another prior search and a unilateral notice lodged at the Land Registry to protect a lease which was a forgery.

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Tenants must tread carefully when surrendering a lease

6 October 2017

In the recent case of Co-operative Bank plc v Hayes Freehold Ltd, a tenant surrendered its lease without checking whether the landlord had mortgaged the freehold.

Exterior of The Cavendish Hotel

Protected business tenancies may not be so secure after all

27 July 2017

In S Franses Ltd v The Cavendish Hotel (London) Ltd, the High Court held that a landlord is entitled to refuse the grant of a protected business tenancy on redevelopment grounds even where the redevelopment is devised solely for the purpose of evicting the tenant and confers no other benefit on the landlord.

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Relying on section 49 LPA 1925 – can you be rock solid?

7 February 2017

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.

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Property tycoon facing £611m debts loses high court battle

27 January 2017

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.

Julian Bisson

Preparation will help landlords avoid service charge pitfalls

29 September 2016

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.

Cotton production

Court of Appeal shakes up contract law

21 September 2016

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.

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Travis Perkins, St Pancras

New PDR for light industrial won’t be a panacea for developers

17 November 2017

Last month, a new permitted development right (PDR) came into force that allows the change of use of a building from light industrial to residential. The right is temporary, lasting for three years from 1 October 2017.

Autonomous cars

Driverless cars could transform cities for better and for worse

17 November 2017

There’s a lot of excitement about the future of driverless cars, or ‘autonomous vehicles’ to use the parlance preferred by the professionals.

Finn Williams, Public Practice launch

New body hopes to ease pressure on local authority planning departments

9 November 2017

Public Practice wants to help councils cut costs, avoid planning delays and improve relations with the private sector.

Women working in office

Apprenticeships are preferable to 'any old degree'

9 November 2017

School-leavers need to know more about their career options in property.

Planning

Could new digital tool ease burden of planning system?

3 November 2017

When a development is postponed or abandoned, the complexity of the planning system is often blamed.

Gender pay gap

Lendlease determined to improve after reporting 19% gender pay gap

2 November 2017

Earlier this month, Lendlease became the first construction and property company to publish its figures under the government’s gender pay gap reporting scheme.

Shoppers on high street

Inflation rise could further 'burn' the High Street

26 October 2017

New inflation figures of 3.9 % are creating yet another punitive business rate hit on UK businesses, potentially adding over £1bn to the troubling rates bill which Jerry Schruder highlighted in last week’s issue.


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