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Archive for the: Property category

Who is the Landlord?

Posted by on November 9th 2018 in Litigation, Property

Who is the Landlord?

Barrow and another v Kazim and others [2018]

This case is a useful reminder that the person serving a Section 21 Housing Act 1988 notice must be the ‘Landlord’ at the date the notice is given.

The Legislation

Section 21 sets out the procedure for a landlord to end an assured shorthold tenancy (‘AST’).

In accordance with Section 45 of the Housing Act 1988, Landlord means:

any person from time to time deriving title under the original landlord and also includes, in relation to a dwelling-house, any person other than a tenant who is, or but for the existence of an assured...

The Process of Buying the Property in the UK (Russian Language)

Posted by on October 25th 2018 in Property

 

Proposals to Ban Gazumping and Gazundering

Posted by on October 30th 2017 in Blog Posts, Property

Proposals to Ban Gazumping and Gazundering

More Certainty for Home Buyers and Sellers: Proposals to Ban Gazumping and Gazundering

Gazumping: where sellers accept a higher offer, having already accepted another buyer’s offer.

Gazundering: where homebuyers threaten not to complete a sale unless money is knocked off the price at the last minute.

Currently, buyers and sellers alike can do nothing to stop either Gazumping or Gazundering hindering a property sale, which causes uncertainty and leads to wasted costs on both sides of the transaction.  

Paula Higgins, chief executive of the Homeowners Alliance said:

“Gazundering, gazumping, collapsing chains, and one in three sales falling through. It takes too...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

Who Owns What?

Posted by on August 24th 2017 in Property

Legal ownership is relatively easy to establish. What do the deeds say? What is more difficult to discover is what trust interests exist and what duties the legal owners may owe to others.

Determining who owns a beneficial interest in property can be done by identifying an express (or resulting trust), an implied (or constructive trust) or what is known as proprietary estoppel. There are numerous cases where the issue of beneficial interest has been discussed in a domestic context where the parties’ intentions are considered. These commonly deal with where the property has been purchased by a couple with the...

The Defective Premises Act 1972 in Practice

Posted by on August 23rd 2017 in Blog Posts, Property

The Defective Premises Act 1972 in Practice

The Defective Premises Act 1972 (“the 1972 Act”) charges landlords with a duty of care to anyone who it might be reasonable to expect would be affected by defects in the state of its premises.  The duty applies if the tenancy imposes an obligation on the landlord to maintain and repair the premises or if the tenancy reserves the landlord the right to enter the premises to carry out repair. 

In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the tenant’s visitor, Mr Dodd, fell down the stairs from the first floor flat to the ground floor. He...

Preventing the Sale of Marital Property on Divorce

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

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

 

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...

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