The Property Market Monthly Fact File – December 2014

The property market fact file is a collection of data compiled each month byLuton Bedfordshire our Chartered Surveyors and the propertysurveying.co.uk team; collating survey data, statistics, trends and information from the property market. This aims to help many persons with an interest in property gain an accurate view of what is happening in the UK property market as a whole.
To read the monthly fact file, click here.

Tenants liable for damages of £70,000 in case concerning onerous break clause because of poorly kept fence

Ref. Sirhowy Investments Limited v Henderson & Knight (2014)
In an interesting case for tenants and their advisors, a tenant has been found liable for substantial damages due to an ineffective break clause. The case stands as a reminder to all that onerous break clause conditions should be avoided at all costs…
To read the whole article, click here.

Substantial blow to Councils as Pickles removes S. 106 charges for small builders

Identifying the heavy burden of S. 106 negotiations and charges as a major stumbling block for the UK construction industry, Eric Pickles has moved to exempt sites of 10 or fewer properties from the Council’s grip. The result should be a boost to the numbers of small and medium sized construction firms, which have been hit hard by the recent recession and are yet to bounce back….
To read the whole article, click here.

Landmark Court of Appeal ruling balances contrasting ‘aggregate’ and ‘sets’ approaches to service charges

Landmark Court of Appeal ruling balances contrasting ‘aggregate’ and ‘sets’ approaches to service charges, resulting in boon for landlords and tenants alike
Ref. Francis v Phillips (2014)

Section 20 of the Landlord and Tenant Act 1985 limits a landlord’s recovery of the cost of qualifying works from residential tenants by service charge to £250 per tenant. This case explored the term ‘qualifying works’, contrasting two methods of interpretation with widely different consequences to landlords and tenants alike…
To read the whole article, click here.

Bicester Garden City planned for North Oxfordshire

New Garden Cities are being pushed through by the coalition government in locations across the country, resulting in localised large scale investment. We look at the issues surrounding development proposed for Bicester, North Oxfordshire, the political and fiscal motives and a brief history of the garden city movement…
To read the whole article, click here.

Chancellor’s Autumn Statement – Stamp Duty

George Osborne’s Autumn Statement has brought about the end of the frequently criticised ‘slab-style’ Stamp Duty system, introducing a new system more akin to income tax. The result will be stamp duty savings for all but the highest value 2% of the market. We look at what the changes really mean and how the previous method was flawed…
To read the whole article, click here.

In case you missed it…..

New £150m roundabout devastates resident in Clifton, Nottinghamshire as it renders her new £20,000 driveway useless
At least one resident has been left devastated by the construction of a new £150 million roundabout in Clifton, Nottinghamshire as it prevents her from ever using her £20,000 driveway…
To read the whole article, click here.

Super-sewer approved for London

A project to build an extra large sewer which will run for some 16 miles (25km) beneath London and the River Thames, was given the official go ahead this month. It aims to stop the 39 million tonnes of raw sewage which floats into the Thames each year from the incumbent overloaded, Victorian era system…
To read the whole article, click here.

Tortious claims of conspiracy, interference with goods, negligence and misfeasance in public office settled in the High Court as unlawfully evicted tenant receives justice at last

Ref. AA v London Borough of Southwark [2014] EWHC 500 (QB)
In this case, a tenant had been the legal occupant of a flat since 2001. He paid the rent predominantly from housing benefit, with the shortfall made up from his own funds and, throughout his tenancy the tenant had been in arrears, amounting to £2,353.26 at the time of eviction. In the action of processing his eviction, Southwark made a number of mistakes which ultimately resulted in unlawful eviction, unlawful destruction of goods and over a year of unwarranted homelessness…
To read the whole article, click here.

Neglect tenants at your peril – Landlord fined £30k after leaving tenants with no heat for four weeks

A rogue landlord has been fined more than £30,000 to reflect the serious “physical and mental hardship” endured by five tenants under his duty of care. The message laid down by Hammersmith Magistrates’ Court is clear; ignoring serious, reasonable pleas from your tenants will result in council intervention and a hefty bill…
To read the whole article, click here.