The Supreme Court has today (1 March 2017) overturned a previous judgement by the Court of Appeal in which an office building that was undergoing redevelopment was deemed capable of occupation and therefore liable for full business rates.
Anyone that has redeveloped, reconstructed or reconfigured a property that was incapable of beneficial occupation during that process is recommended to seek professional advice immediately, as it may possible to get the rating assessment altered even after the deadline of 31 March 2017 for the 2010 rating list.
The government is keen to afford residential tenants greater security and the increasing obstacles to service of a Section 21 Notice appear directed at this. There is now a consultation upon removing the blanket [...]
Anybody entrusted with selling property on the behalf of a lender can take comfort in the robust approach shown by the Court.
It is always preferable for leases to contain express reservations to alter, build and erect scaffolding in favour of a landlord who might want to develop at some point in the future.
When opposing the grant of a new tenancy, the Supreme Court has introduced an additional “acid test” for landlords in relation to reconstruction work as a reason to oppose the grant of a new tenancy. [...]
A Court of Appeal decision serves as a warning to developers of the dangers of proceeding with developments in breach of a restrictive covenant.
The Supreme Court held that the landlord’s intention to demolish or reconstruct must be independent of the tenant’s claim for a new tenancy and not conditional upon it.
In new leases, it will be prudent for landlords to ensure that any enforcement covenants are qualified by a reasonableness requirement, as determined by the landlord.
Speedier Alternative to the County Court Bailiffs: there is an alternative and frequently quicker route once a County Court Possession Order has been obtained.
A landmark case has clarified the scope of an action for nuisance based on the presence of Japanese knotweed.
A landlord is no longer be able to serve a Section 21 Notice at the start of the tenancy requiring the tenant to leave at the end. Of even greater concern are the retaliatory [...]