Bad behaviour on the part of a #business Tenant precluded her from being granted a renewed Lease

article_logoBusiness Tenants to be on best behaviour or statutory protection can be removed

A Court considered whether it was necessary for a Landlord to show that the grant of a new tenancy would cause it real prejudice in the future. Further, would it be sufficient to simply establish it or would it not be fair to continue the Landlord and Tenant relationship because of the Tenant’s past performance and behaviour?

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 … Continue reading

Possession order – Court of Appeal in latest ECHR case – #mortgage

Mental Disabilities and ASTs analysed by Court of Appeal in latest ECHR case

In the recent case of McDonald v McDonald [2014], the Court of Appeal has ruled that a possession order granted to a private landlord of an assured shorthold tenancy was not in breach of Article 8 of the European Convention of Human Rights (ECHR)Continue reading

Household Pests: Who is responsible, the landlord or the tenant?

There is often a disagreement between landlords and tenants as to who is responsible for dealing with a pest problem and according to the Association of Independent Inventory Clerks (AIIC), it is becoming more and more common to see the problems dumped on the landlord.
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Council assistance through Right-to-Build could unlock 1million new self-build homes. Could you make your dream home a reality?

People who want to build their own home will be able to turn to their council to make their dream a reality, under measures announced by Nick Boles on 2nd July 2014. Boles announced the arrival of a new ‘Right-to-Build’ which seeks to unlock land for custom builds. With Germany self-building 60% of all its new property and Austria 80%, is it time we joined the trend?
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Tax position for fixtures in commercial buildings – rules changed on 1st April 2014 could seriously impact commercial property owners

Purchasers of commercial buildings such as a factory or offices must jointly elect to fix the value of the fixtures in the contract to be able to claim any capital allowances on those fixtures.
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New proposals made by the Bank of England aim to prevent housing boom

Proposals made by the Bank of England, including a cap of 15% on the number of mortgages that lenders can give to people who want more than 4.5 times their salary, are being recommended to prevent another housing crisis…

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Local Authorities Escape Hefty Resource Drain as Court of Appeal rules on Homelessness

The Court of Appeal have provided an important ruling in the case referenced above, in which the appellant applied for protection under Part VII of the Housing Act 1996 as homeless and was granted it, without priority status. When appealing the priority aspect, Hackney declared that the appellant was no longer homeless – a decision which she has taken all the way to the Court of Appeal…

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Supreme Court gives Preliminary Ruling on Monk Evictions

The Supreme Court is reputedly set to reject a challenge to the rule in Monk on notices to quit given by joint periodic tenants. The case referenced above saw a seven-judge panel hear a challenge to the 1992 ruling from a man left stranded in a property after his wife terminated the joint tenancy and left him. We look at the challenge, which asked what impact, if any, the European Convention on Human Rights might have…

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The Property Market Monthly Fact File – June 2014

fowey hall foweyThe property market fact file is a collection of data compiled each month by 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.

Estate Agents could face prison sentence

Caveat Emptor to disappear as sellers face imprisonment for not disclosing information that may affect the decision of any potential buyers.

Serious consequences may result if an estate agent fails to disclose any information which is later discovered by the buyer, with a prison sentence of 2 years being possible. If the seller is at fault for not disclosing the information to the agent, the same punishment may be enforced.

Sellers and estate agents are now required to inform any prospective purchasers of any information that may affect the value of the house. This can include any structural defects and / or information about previous sales that fell through. As … Continue reading