Publication Date:03/09/2010
It is a fundamental rule in property law that the duration of a lease must, from the outset, be certain or capable of being rendered certain. If it is not, the lease will be deemed void.
Publication Date:13/07/2010
Public authorities must not act in a way which is incompatible with European convention rights. Article 8 provides that everyone has the right to, “respect for his ... home and ... there shall be no interference ... except such as is in accordance with the law and is necessary ...”
Publication Date:29/06/2010
The 1954 Act is probably the most important legislation governing commercial premises. This is basic guide by Brian Kilcoyne and Mario Betts on how the Act works.
Publication Date:19/05/2010
The Supreme Court judgment in R (Lewis) v Redcar and Cleveland Borough Council has made it more difficult for landowners, such as academy trusts, to defend town and village green applications.
Publication Date:01/03/2010
The Landlord and Tenant Act 1985 (as amended) imposes stringent procedural requirements on landlords who wish to carry out repairs to residential premises and recover the costs from the tenants. The Leasehold Valuation Tribunal (“LVT”) has power to dispense with those requirements if it is reasonable to do so.
Publication Date:01/03/2010
The recent case of Bello v Idealview Ltd is a timely reminder that a landlord can usually trigger a rent review even after a substantial delay.
Publication Date:01/03/2010
The facts in the recent case of Fidler v. Secretary of State for Communities & Local Government are interesting. Mr Fidler built a new house on his farm. He knew that he would not get planning permission, so he hid the works with straw bales and plastic sheeting.
Publication Date:01/03/2010
Lawyers love a paper trail. And where land is involved, this is particularly true.
Publication Date:01/03/2010
If your business is planning to change premises, you might be asked to handle the moving process. There will be a lot to do, and you should arm yourself with a good understanding of the legal side of things to help you get the best results. Finding the perfect location is just the start – but good communication with your agent and legal advisers will help things move smoothly.
Publication Date:22/02/2010
Those who are unfortunate enough to find themselves subject to either arbitration or adjudication proceedings know that it is far too easy to give the arbitrator/adjudicator jurisdiction to determine the dispute, even though he may not originally have had jurisdiction at the outset.