Property and Building Surveyors

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This Month's Newsletter

Property and Building Surveyors

Welcome to the Property Advice Newsletter
Written by Independent Chartered Surveyors
of the UK wide network of Property Professionals

Publication date: 12th August 2014

In this month's edition... We look at two important lessons for legal advisors thrown up by the High Court and Court of Appeal, a new legal change which could threaten the very ground you live on, mortgage discrimination against the middle-aged, London property being out-done by beach huts, bats getting the bends and an unfortunate Romanian who came home to a field of crops where his house once stood...

The Property Market Monthly Fact File - August 2014
The property market fact file is a collection of data compiled each month by our Chartered Surveyors and the team; collating survey data, statistics, trends and information from the property market. This aims to provide a single place where anyone with an interest in UK property can find the information they need.
To read the monthly fact file, click here.

Mental Disabilities and ASTs analysed by Court of Appeal in latest ECHR case
Ref. McDonald v McDonald [2014] EWCA Civ 1049
In the recent case of McDonald v Mcdonald [2014], the Court of Appeal has ruled that a possession order granted to a company of receivers in the guise of the private landlord of an AST was not in breach of Article 8 of the European Convention of Human Rights (ECHR) - despite the tenant having a serious disorder that makes her upset by environmental changes…
To read the whole article, click here.

Landowner defeats Teseo in the High Court over £1.3m conditional contract
Ref. Cohen v Teseo Properties Ltd & Anor [2014] EWHC 2442 (Ch)
On 8 August 2013, the Claimant landowner (Cohen) entered into an agreement with the Defendant developer for the sale of a property in Finchley North London at the price of £1.3 million. Inserted into this agreement was the condition that final agreement was dependent on the developer securing planning permission for residential redevelopment...
To read the whole article, click here.

Business Tenants to be on best behaviour or statutory protection can be removed
Ref. Youssefi v Mussellwhite [2014] EWCA Civ 885
The Court of Appeal in this case upheld the previous Judge's view that bad behaviour on the part of the business Tenant precluded her from being granted a renewed Lease, which she expected under statutory protection provided by Landlord and Tenant Act 1954...
To read the whole article, click here.

Change to age old trespass laws could allow frackers to drill under your home
In a consultation published by DCLG on 23rd May 2014, the Government outlined their proposals to change the age old trespass laws encapsulated by the latin phrase: Cuius est solum, eius est usque ad coelum et ad inferos. In other words, "whoever owns the soil, it is theirs all the way up to Heaven and down to Hell"...
To read the whole article, click here.

Polish shale gas collapse provides stark warning to UK investors
Investing in the next big thing early is an investor’s dream. Huge capital growth kicks in as the product begins to take off, dividends increase as the company makes heavy profits and the risk initially involved in taking the plunge erodes away...
To read the whole article, click here.

Could a company start fracking under your land without your permission?

Mortgage Lenders are now being accused of discrimination as mortgage application is rejected because 48 year old’s husband is too old
Victoria Wallace and her husband of 17 years, Sean, have unfortunately been denied the ability to jointly own their marital home after they had a mortgage application rejected on the basis that Sean was deemed “too old”.
To read the whole article, click here.

Could beach huts really out-perform London's hottest hot spots?

London property being out performed by beach huts
A 13ft by 13ft beach hut that contains no bedroom as well as no electricity has been put on the market for a record price of £225,000, indicating that the sale of beach huts may well be outperforming properties even in the most sought after boroughs of London...
To read the whole article, click here.

Bats dying from the Bends due to Wind Turbines...
Bats are one of the animals most frequently found dead near wind turbines. New research into the cause of death has discovered that it is not just flying into the massive blades that kills the animals, as conservationists have previously thought.
To read the whole article, click here.

Does commuting save you money?
With the average house price in London's Zone 1 and 2 currently at over £640k, it can make sense to live a little further away and have a cheaper property. Of course, the rail fare will cost you quite a bit, and there's the travelling time to take into account, but will that add to your quality of life or detract from it?...
To read the whole article, click here.

Gas Safety Trust Poll Provides Alarming Results
The Gas Safety Trust instructed OnePoll to conduct an online survey of some 2,000 people to ascertain whether property owners and tenants had any idea of the dangers of gas equipment. The results were fairly disturbing…
To read the whole article, click here.

Portsmouth’s Americas Cup Boost
Following a boost of virtually £9m via mainly central government funding, with additions from Portsmouth City Council, the planning approval for the new base for Sir Ben Ainslie’s Americas Cup Challenge is to be sited on the old camber dock site at Portsmouth...
To read the whole article, click here.

Sailing’s Formula 1 provides economic boost to Cardiff
Next month, the fifth round of the Extreme Sailing Series is coming to Cardiff Bay. This is an international event, constituting sailing’s version of Formula 1. Exceptionally fast catamarans, sailed by some of the best racers in the world will compete in close proximity to the centre of cities and harbours, with view-points for vast numbers of spectators.
To read the whole article, click here.

Portsmouth has a rich sailing history

And Finally....

In case you missed it…..

In case you missed it: Romanian man has his entire house stolen and replaced with a field of crops
If you’re in the market for a holiday home it may be wise to avoid purchasing on the Danube Delta in Romania, after one unlucky owner returned to his, only to find it had been stolen and replaced with a field of ready-to-harvest crops...
To read the whole article, click here.

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The next newsletter will be published in September. Click here to access the Newsletters Archive

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