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Dewar Hogan

Company News

Lease extensions and premiums – not a point of law at all, says the Court of Appeal

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Yesterday the Court of Appeal delivered its judgment in the case of Mundy –v- The Trustees of the Sloane Stanley Estate (see our earlier post here). It’s a bit of a damp squib, since, predictably, those who examined the puffs of white smoke and predicted victory for the big battalions have been proven correct. Indeed, Lord…

Lease extensions and premiums A threat to residential investment values

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As most readers will know, long leaseholders of flats are entitled to extend their leases upon payment of a premium. The Court of Appeal is presently considering its decision in the case of Mundy v Mundy v The Trustees of the Sloane Stanley Estate, which concerns the method of arriving at the premium a leaseholder…

Party Wall

Party Walls and costs – an eye-wateringly wrong decision!

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Every now and then a judicial decision comes along which is so eye-wateringly wrong, in its consequences if not in its reasoning, that all well-intentioned people in the relevant field just know it will have to be corrected in due course either by the Court of Appeal or Parliament, and resolve with a sigh that…

Beneficial Ownership

Interests in property – visible, invisible and hidden!

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The Panama Papers have taught us all, if we didn’t know already, about the many and various ways in which property can be ‘owned’ by parties whose very existence you would never suspect from the Land Registry – or from any public record for that matter. Lawyers call this the ‘beneficial’ interest but most would…

Apartment_block

The residential development ground rent market – a purchaser’s perspective!

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We are seeing an increasing number of claims lately in the area of newly built flats. Typically these are purchased off-plan, and claims where the purchaser is not happy when he first sets eyes on the finished product have always been common enough. A closely related and topical issue is the status of deposits. Lately,…

Bedevilling the Right to Manage – What did Parliament intend?

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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!

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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

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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!

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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

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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…