What Factors Can An Inspector Take Account Of When Considering A Footpath Diversion Application Under The Highways Act 1980?

The recent case of The Open Spaces Society v Secretary of State for Environment, Food & Rural Affairs [2021] EWCA Civ 241 has thrown light on the subject of what...


What Happens When A Gift Technically Fails, Can You Cancel A Transfer? Khan v Mahmood & The Perfection Of Defective Transfers

An appeal judgment from 19th March 2021 considers whether an attempt to abandon a defective transfer can be successful, or whether a defective transfer will assign a party’s equitable interest...


Are ‘Turnover Rent’ Leases The Future For The Retail Sector?

The Covid-19 pandemic has affected the United Kingdom in unprecedented ways, and the retail sector is no exception. It is not surprising, therefore, that the landlord-tenant relationship and various lease...


Commercial Rent Arrears Recovery (CRAR) – Further Extension To Restrictions On Commercial Landlords Recovering Rent From Tenants

On Thursday, 25th March 2021, the Taking Control of Goods (Amendment) (Coronavirus) Regulations 2021 (SI 2021/300) (Regulations) come into effect which, along with many other measures, will provide a further...


Housebuilders Told To Remove Unfair Ground Rent Terms From Leasehold Agreements

Following an investigation, the Competition and Markets Authority (CMA) has told UK housebuilders, Countryside and Taylor Wimpey, to alter terms in their leasehold agreements or risk facing legal proceedings. The terms...


How Must A Service Charge Be Calculated & Can A Sinking Fund Be Maintained?

The above questions are one which have been asked by tenants for many years, but are now being asked by home-owners on estates where there are shared private facilities such...


How Does A Charity Obtain Payment Of A Legacy Made By Someone Living Abroad?

It is not unusual these days for people to have property and assets abroad and sometimes live there, and sometimes die there. In the circumstances where a deceased person has...


Government Extends Supportive Measures For Commercial & Residential Tenants

Commercial tenants This week, the Housing Secretary, Robert Jenrick, announced that the Government will be providing further support to commercial tenants, whose business operations have had to stop or been...


Does A ‘Town Or Village Green’ Have To Be Green?

If land is registered as ‘Town or Village Green’ (TVG) under section 14 of the Commons Registration Act 1965, it means that, at some time in the past, such land...


Stamp Duty Holiday Extended To June 2021

The Chancellor, Rishi Sunak, has confirmed during the Budget that the stamp duty holiday, which was due to end this month, has been extended by three months to 30th June...


Volatile Property Valuations – Professional Negligence Claims Against Surveyors

Uncertainty surrounding a potential property slump in 2021’s housing market has seen a number of residential properties being ‘down valued’, leaving surveyors liable to professional negligence claims. House sales have...


Why Do People Put ‘Subject to Contract’ On Communications?

Why does ‘Subject to Contract’ appear in so many letters, emails and many other communications about transactions? The reason is that the sender does not want a legally binding contract...