Prepare to pay compensation – what you need to know before you instruct a Commercial Agent.

It can be common for a business to appoint an agent to conduct some of its affairs. It usually happens when a company wants to distribute its products in another country or simply in another region of the UK and […]

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Getting Construction Contracts Right

Construction contracts, usually in the form of a JCT or RIBA, are used so often and contain so much information that a lot of contractors will not pay proper attention to their contents. The temptation is to simply get on […]

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The continued pitfalls of residential lettings

Despite new legislation affecting assured shorthold tenancies (AST) coming into force in 2015 and 2016, landlords are still falling foul of certain requirements. If a residential property is let to a tenant under an AST and the law hasn’t been […]

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Property Litigation Case Law Update – June 2017

Sutton and East Surrey Water Plc -v- Kilby [2017] UK UT 248 [LC] This recent decision from the Upper Tribunal (Lands Chamber) is a reminder to land owners that restrictive covenants are not always enforceable and those seeking to enforce […]

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Vacant possession – an unachievable goal?

Case Law Update RIVERSIDE PARK LTD V NHS PROPERTY SERVICES LIMITED [2016] EWHC 1313 (CH) Until fairly recently it has been a standard condition of a break clause that the tenant needs to provide vacant possession on the break date. […]

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Property Legal Update: September 2015

Wood v Waddington [2015] EWCA Civ 538 A reminder of the dangers of failing to expressly include rights in a transfer. In this case the owners were saved on appeal by section 62 of the Law of Property Act 1925, […]

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Property Legal Update: June 2015

Birdlip Limited v Hunter and Hunter [2015] EWHC 808 (Ch) Useful clarification of the test when deciding whether estate scheme restrictive covenants are enforceable. In this case the parties owned adjoining properties which were both subject to a restriction not […]

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Property Legal Update: March 2015

Freemont (Denbigh) Ltd v Knight Frank LLP [2014] EWHC 3347 (Ch) Welcome confirmation for valuers that their reports can only be relied upon for the purpose for which they were prepared. Although the principle has been long-established this case provides […]

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Property Case Law Update: August 2014

Schroder Exempt Property Unit Trust v Birmingham CC [2014] EWHC 2207 Following disclaimer, the landlord is liable for business rates until a new tenant is found. In this case, the Court had to decide who was liable for business rates […]

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Property Case Law Update: July 2014

Mount Eden Land Ltd v Bolsover Investments Ltd (Ch D, 20.6.14) Refusing consent to alterations on the ground that the change of use may give rise to rights of enfranchisement is unreasonable. The tenants of an office building sought consent […]

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