Dewar Hogan

Company News

Bedevilling the Right to Manage – What did Parliament intend?

Last month (February 2017) in Elim Court RTM Co Ltd v Avon Freeholds Ltd, the Court of Appeal expressed concern that the current RTM procedures contain various traps and stated that the Government may wish to consider simplifying the procedure or granting the First Tier Tribunal a power to grant relief in respect of a…

St Pauls Cathedral

Take a view!

Did King Henry VIII really stand on his eponymous mound in Richmond Park to watch for the rocket from the Tower of London which told him that Anne Boleyn had been cleared out of the way and he was free to marry Jane Seymour? Well, probably not. It doesn’t do for royalty to appear too…

Commission

Service charges, insurance premiums, and commission

Few things outrage tenants more than learning that their landlord is raking in a commission on the insurance he is arranging for them, which (they naturally tend to believe) is in turn reflected in the size of the insurance premium they are being asked to pay, often through a service charge. After residential tenants first…

Property development

I have my rights – but have I lost my remedies!

In the commercial world hard choices are required from time to time and provided the risks involved in making them are properly understood they may be the right choices. This blog discusses legal obligations and remedies, and in particular whether it really matters if there is a breach if it is possible to neutralise, or…

AirBnB property law blog

Airbnb – risk and reward

Every now and then a property law decision comes along which could actually change society. The recent Upper Tribunal one in Nemcova –v- Fairfield Rents is one such. The question for the tribunal was simple enough: is a covenant to use a flat only as a private residence breached by someone who allows her own…

Light coming through a window

Rights to Light

Light is something that we enjoy and take advantage of every single day without even noticing just how much we rely on it for all aspects of our daily lives. From the light that comes in through our bedroom windows to wake us up each morning to the ambiance and atmosphere it creates in our…

Developers, deposits and penalties!

Residential developers, as is well known, like to sell their creations before they are finished, and inevitably there is a certain attrition rate among buyers over the eighteen months or so that may elapse between contract and completion. Usually by then the buyer will have paid a fair proportion of the purchase price, typically 10%…