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When a landlord granted a lease over a maisonette to a tenant then subsequently alleged that the lease was drafted incorrectly, it took the intervention of the court to decide who was to pay how much for repairs to the property. The landlord claimed that...
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In these straitened times, it is regrettably not uncommon for a buyer to withdraw from the purchase of a property after a legal agreement to purchase has been completed. When this happens, the vendor may be entitled to claim damages. In a recent case , a...
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When a tenant’s lease has a break clause, normally all rent due must be paid in full before the break clause can be activated – even if the rent paid runs beyond the break date. If a tenant decides to pay only the rent ‘due’ until...
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When land is owned in trust for the benefit of more than one person, the question of what should be done with it can be the source of dispute. Often, the best solution is to partition the land between the beneficiaries, so that each can do what they wish...
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When a road or pathway is regularly used by people and the owner takes no active steps to prevent this or assert control over the land concerned, an ‘easement by prescription’ can be created under which the right of access becomes lawful and the...
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A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within the Consumer Credit Act 1974 . The Court...
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Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration is...
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In the context of a dispute between parties to a building demolition contract, the High Court has ruled that an adjudicator was not entitled to change his mind after reaching a final decision and that, subject to further litigation or arbitration, the...
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When a planning appeal to which the National Trust was a party came before the court and the judge due to hear it was a member of the Trust, he was automatically disqualified from hearing the appeal. The planning application was to build four wind...
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When two plots of land changed hands in 1989, the vendor would not have expected that more than 20 years later an argument would arise over its right to convey the land in question. When the vendor, an Isle of Man company, had sold a parcel of land in 1984,...
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The Housing (Right to Buy) (Limit on Discount) (England) Order 2013 ( SI 2013/677 ) was made. The Order, which came into force on 25 March 2013: Prescribes £100,000 as the maximum discount in respect of a dwelling house in the area of a London...
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The Land Registry has published a new practice guide, Practice Guide 76 - Charging orders . The practice guide covers: Issues to consider when applying for the entry of an agreed or unilateral notice or a Form K restriction in respect of a charging...
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The Land Registry has issued a revised version of Practice Guide 19 - Notices, Restrictions and the Protection of Third Party Interests in the Register . Section 8.23 of the practice guide has been amended to include guidance on applications made without...
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Matrix Legal in Kingston-Upon-Thames has secured membership to the Law Society's Conveyancing Quality Scheme - the mark of excellence for the home buying process. Matrix Legal underwent rigorous assessment by the Law Society in order to secure CQS...
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Facing the possibility of a development on neighbouring land that will reduce your light is never welcome and the threat of such a development is not something you might care to have hanging over you. A recent case will provide some comfort for anyone who...
