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Written by Property Law Forum
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Tuesday, 01 May 2012 00:00 |
Will recent appeal court decisions give lower courts the confidence to more robustly dismiss defences on human rights or public law grounds in possession claims? Rebecca Cattermole reports
Since the December 2011 Property Law Newsletter article, “Possession woes: assured shorthold tenancies”, two decisions have come from the appellate courts reinforcing the exceptionality of successful defences on human rights or public law grounds. It is hoped by many landlords that these more recent decisions will give judges at first instance the confidence to dismiss such defences at an early stage of proceedings and in many cases without a hearing. It may also have the effect of lessening the likelihood of challenges against private sector landlords.
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Written by Property Law Forum
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Tuesday, 01 May 2012 00:00 |
The government is pointing to “green shoots of recovery”, but the commercial property market remains subdued: so how has the sector responded to the prolonged downturn? Brian Kilcoyne and James Corbett investigate
Shorter leases and other signs of flexibility
Many practitioners will recognise the trend towards shorter lease terms. Tenand even five-year terms are becoming the norm, and break rights are now (if not standard) much more common than they used to be – with a break at five years typical and occasionally breaks at four and eight years being seen.
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Written by Property Law Forum
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Tuesday, 01 May 2012 00:00 |
Normal maintenance and administration of a property, containing ten flats, did not convert ownership of it into a letting business. It was an investment property. Incorporation relief was not available on the transfer of the property to a company
Capital Gains Tax (CGT) is a tax charged on the total gain or profit made when selling or disposing of a chargeable asset. Freehold and leasehold property are included in the assets liable to CGT. Business assets attract relief from CGT. Investment assets do not. CGT reliefs can be applied if an asset has been used for business purposes.
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Written by Property Law Forum
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Tuesday, 01 May 2012 00:00 |
Exploring other development and funding options was not a legitimate reason for putting off works to complete an apartment block with due diligence in accordance with contracts with various buyers
Repudiation of a contract occurs where one party to it communicates to the other (through words or conduct) that he no longer intends to be bound by it, usually by committing a major breach of a significant obligation in the contract (Thorpe v Fasey [1949] 2 All ER 393). The innocent party can then decide whether to:
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Written by Property Law Forum
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Tuesday, 01 May 2012 00:00 |
Time was of the essence for payment of sums in a compromise agreement regarding a tenant’s break
In Intergraph (UK) v Wolfson Microelectronics [2012] All ER (D) 179 (Mar), the High Court held that the tenant, Wolfson, had failed to validly exercise a break clause to determine its lease. One of the conditions of the break was that Wolfson had to give vacant possession of premises demised to it in a later lease of adjacent premises, unless either:
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