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Archive for the: Property category

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

Preventing the Sale of Marital Property on Divorce

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Government Plans a Ban on Leasehold New-Build Houses

Posted by on July 27th 2017 in Blog Posts, Commercial Property , Property

 

The Government plans to ban the sale of new-build Leasehold houses under drastic changes amid the concerns regarding the growing trend of extortionate ground rent increases. Leaseholds on new-build houses would be outlawed, while ground rents could be dramatically reduced, under Government plans subject to public consultation.

Presently, purchasers of new-build Leasehold houses have been at risk of unacceptable rises in ground rents to scales simply unaffordable. These Leaseholds have been criticised heavily for being unfair and penalising those who manage to make it onto the property market. With the ground rents increasing, the property may then become impossible to...

Residential Landlords - What You Should Check Before You Let

Posted by on July 5th 2017 in Blog Posts, Property

Residential Landlords - What You Should Check Before You Let

 

Due to the introduction of the Immigration Acts 2014 and 2016, statutory provisions have been introduced requiring residential landlords to check the immigration status of prospective tenants before letting out their property for use as their only or main home. If the immigration status is not checked, the landlord could face a fine of up to £3,000 or a prison term of up to 5 years.

What are the requirements?

  • Immigration status of the tenant and all adult occupiers of the property need to be checked to ensure that their status allows them to be in...

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

Posted by on July 5th 2017 in Blog Posts, Commercial Property , Property

The Rise of Property Fraud - How Can Home Owners Protect Themselves?

During the last few years, the real estate sector has seen a rise in property fraud.  Property is usually the most valuable asset people own and it is a clear target for fraudsters who could attempt to sell or mortgage a home.  The rise of fraud has mostly been down to identity theft with devastating effects.

You are more at risk if:

  • You rent out your property
  • You live overseas
  • Your property is left empty for long periods
  • Your property isn’t mortgaged
  • Your property is not registered

In order to protect your property from being fraudulently sold or mortgaged, the following steps should be taken, even if...

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

Posted by on June 15th 2017 in Blog Posts, Property

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

When calculating your capital gains liability there are certain costs that are deductable under S38(1) of the Taxation of Chargeable Gains Act 1992. The following items can be deducted from your gain:-

  • The original acquisition value;
  • The value of enhancing the asset;
  • The value of establishing, preserving or defending the title and right over the asset; and
  • The incidental costs of the disposal

When you deduct all of the above from the sale price you are left with the gain which is then subject to capital gains tax.

Incidental costs of disposal include certain costs of the vendor i.e. legal fees etc; however the First Tribunal...

Does Possession Still Amount to 9/10 of the Law?

Posted by on May 24th 2017 in Litigation, Property

A series of high profile squatter claims involving expensive West London properties led to significant reform of the right for squatters to claim ownership of occupied land.  

To make a successful claim for adverse possession one must prove uninterrupted factual possession for a certain period of time. To be in factual possession a squatter must exert exclusive control over the land while treating the land as if they were the owner occupier.  There must also be intention to possess the land during the relevant period. Where the intention is equivocal, corroborative evidence will be required.

Being successful with an adverse possession...

Online Database of Criminal Landlords

Posted by on May 16th 2017 in Blog Posts, Commercial Property , Contentious Probate, Property

Online Database of Criminal Landlords

Mayor of London to introduce a new online database of criminal landlords and letting agents

The Mayor of London, Sadiq Khan, announced on 26 April 2017 that a new online database will be launched in the autumn to “name and shame” criminal landlords and letting agencies who have been successfully prosecuted for housing offences.

There is an estimated 2 million private renters in London and therefore by introducing the online database the Mayor believes that it will give renters greater confidence in renting in London by giving them the opportunity to check prospective landlord or letting agents before entering into a...

The Bank of Mum & Dad Now in the Top 10 of Lenders

Posted by on May 10th 2017 in Blog Posts, Property

The Bank of Mum & Dad Now in the Top 10 of Lenders

With the average first-time buyer requiring a deposit of £26,000 and the average annual salary being £27,600, it is no surprise that first-time buyers are getting older (the average age has increased from 30 to 33) and the number of people buying a property on their own is decreasing (from 29% in 1994/95 to 14% in 2014/15). More people are also now buying in couples – this has increased from 63% to 80% in the same time period. Parents are predicted to lend £6.5bn to their children this year, making them one of the top ten biggest mortgage lenders in...

What Makes a House a House?

Posted by on April 17th 2017 in Blog Posts, Property

What Makes a House a House?

In Grosvenor (Mayfair) Estate v Merix International Ventures Ltd & Another [2017] EWCA Civ 190 the Court of Appeal had to consider what makes a property a house.  If a property is a “house” under the Leasehold Reform Act 1967 (the ’67 Act), then a tenant may be entitled to purchase the freehold or extend their lease. The Court had to apply the law to the facts to determine the entitlement of the tenant.

Certain criteria must be fulfilled to entitle a tenant to enfranchise or extend. The tenant must hold a long leasehold of the property (more than 21 years)...

Can you Enjoy an Easement to use a Golf Course, Swimming Pool and Tennis Court ?

Posted by on April 15th 2017 in Blog Posts, Property

In the case of Regency Villas Title Ltd v others v Diamond Resorts (Europe) Ltd and another [2017] EWCA Civ 238 (“Regency”), the Court of Appeal considered whether the right granted to use a golf course, swimming pool and tennis court was capable of forming a legal easement.   Regency explored the test established in Re Ellenborough Park  [1955] EWCA Civ 4 where the Court of Appeal had to consider the validity of easements, of various kinds, to enjoy recreational facilities.

Regency Villas Title Ltd was the freehold owner of Elham House which lies in the middle...

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