The 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 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.
Category: Legal Advice
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…
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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…
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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”…
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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 propertysurveying.co.uk 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.
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…
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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 oldâ€.…
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Bad behaviour on the part of a #business Tenant precluded her from being granted a renewed Lease
Business 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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