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Development issues

Off-plan Contracts – The Priority Of Security Interests, And Unilateral Notices

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OFF-PLAN CONTRACTS – THE PRIORITY OF SECURITY INTERESTS, AND UNILATERAL NOTICES This is our fifth blog in a series relating to issues about off- plan developments. The following links will take you to the earlier blogs: Off-plan investments and the risk of lost deposits Off-plan investors – do they have security and if so where…

Rights Of Light – Rights To Be Protected Or Released For Compensation

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Light is taken for granted until it is lost. Whether at home, or at work light that has always been enjoyed can be taken away by a neighbouring development – anything from an extension to a tower block. In many cases there will be a legal right to receive light, and development of a neighbouring…

Who really owns property?

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Just because a property is held in the name of a particular person does not mean that he or she is the real owner of the property. Real ownership (in legal language often referred to as beneficial ownership) may differ from formal or nominal ownership. A property may be held in someone’s name but be…

Landlords losing the right to use the “no fault” eviction process

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Whilst we continue to await details of the Renters’ Reform Bill, which is expected to abolish the “no fault” eviction procedure under section 21 of the Housing Act 1988, in practice some landlords may have already lost the ability to end an Assured Shorthold Tenancy by simply giving two months’ notice. Where the tenancy in…

Residential blocks of flats in Westminster, and Kensington and Chelsea – landlord and tenant issues and disputes

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Many residential blocks in London are plagued by management issues. The common ones are service charges, alterations, and sub-letting. Lessees are usually concerned about service charges, whereas landlords are concerned about the other issues. In many cases neither the landlord nor the tenant wants to incur legal fees, so they do their best to try…

Development issues

Off-plan investments and the risk of lost deposits

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OFF-PLAN INVESTMENTS AND THE RISK OF LOST DEPOSITS Picture the scene. An off-plan investor contracted two years ago and paid substantial deposits. The longstop date has passed and construction is continuing – but slowly. The investor is losing faith in the developer and is impatient. He has the right to rescind the contract and require…

Fortune favours the brave – a landlord and tenant perspective

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The interests of residential landlords and tenants are regulated by contractual terms and a statutory overlay, and if there is a problem the court or the tribunal is in the wings ready to intervene – but it’s never really as simple as that! Although rights and obligations etc can be enforced the prospect of taking…

Duval – another headache for residential landlords and their managing agents

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Sherry parties at numbers 11-13 Randolph Crescent must be fun. Readers may remember the case of Dr Julia Duval of that address (a solicitor) and her determination to prevent a neighbour from carrying out alterations to her flat. That determination led to a Court of Appeal case (Duval v 11-13 Randolph Crescent Management Limited) in…

Block management – Reasonableness v The Lease

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The recent case of Mr Iouri Chliafchtein and his dispute over services at 3-10 Grosvenor Crescent, London SW1 proves once again the oldest and most ignored adage in property management – always read the lease. Mr Chliafchtein owns an £18 million apartment in Grosvenor Crescent, one of several in a converted building at 3-10. There…

Development issues

Off-plan investors – do they have security, and if so where are they in the queue?

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OFF-PLAN INVESTORS – DO THEY HAVE SECURITY, AND IF SO WHERE ARE THEY IN THE QUEUE?  When an off-plan scheme fails and the developer ends up in administration or liquidation the investors not only find themselves in unfamiliar territory, but more importantly they face losing substantial deposits. With particular reference to developers in administration this…