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Court of Appeal Guidance on Use of Pay Less Notices

When a construction dispute arises and a pay less notice is issued, the Housing Grants, Construction and Regeneration Act 1996 requires that the notice should specify the sum considered to be due and the basis on which that sum is calculated. In a recent...

What is a 'New Building' in Planning Terms? Court of Appeal Guidance

Can a building which incorporates parts of structures previously on the same site be described as 'new'? In upholding an enforcement notice that required total demolition of three residential buildings, constructed in breach of planning control, the Court...

Tenancy or Licence? Security Company Wins Possession Order

The distinction between tenancies and licences to occupy premises is crucial but not always easy to draw. A High Court case where this proved central concerned an agreement by which a security company allowed a man to occupy a vacant office block in order...

Late Appeal is Void Appeal for Property Owner

When the owner of a property that had been designated as a house in multiple occupation (HMO) by his local council in 2001 chose to challenge that ruling some 15 years later, the council refused to review the decision. The property owner claimed to have had...

Forfeiture for Rent Arrears - Commercial Landlords Take Note!

In a decision that will be essential reading for property professionals, the High Court has ruled that landlords who invoke the statutory commercial rent arrears recovery (CRAR) regime may thereby waive any right they have to forfeit leases. Landlords who...

Landlord Succeeds in Challenge to HMO Licence Fee

An increasing number of local authorities run licensing regimes to ensure the quality of accommodation provided in Houses in Multiple Occupation (HMOs). An important High Court ruling has, however, established that licence fees levied on landlords must not...

Restrictive Covenants Are Not Necessarily Insurmountable

Property title deeds often contain restrictions on future use of the land and one of the most common is a requirement that only one house can be built on a single plot. It may be thought that such a restriction must be adhered to forever, but if the...

Changes to the Definition of HMO - Landlords Take Note

With burgeoning numbers of students and a continuing housing shortage, residential property for letting has been a popular investment for several years. Many such investments are in houses in multiple occupation (HMOs) and landlords of large HMOs (which are...

Registration of Property Owned by Foreign Entities

Under draft legislation now in Parliament (the Registration of Overseas Entities Bill), the Government is intending to establish a register of the beneficial ownership of properties in the UK where the property is owned by an overseas entity. The general...

Unilateral Mistake - High Court Rectifies Terms of Commercial Lease

Signing leases is a serious business and both landlords and tenants are expected to live with their terms, however onerous they may be. However, as a High Court case illustrated, judges have the power to rectify terms if an obvious mistake has been made. A...
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