Posts Categorized: Residential Property

Court Unwilling to Force Family Home Sale

Taking legal advice when borrowing for any purpose is important, as a recent case in which a wife faced the possibility of the sale of her home when her husband was made bankrupt shows. When he faced financial difficulties in 2005, the husband raised a mortgage against the family home in order to provide finance… Read more »

Neighbours’ Row Over Garden Shed Costs £140,000

Disagreements between neighbours can usually be resolved with a little legal advice and goodwill on both sides. However, in one case where that sadly did not happen, a homeowner was left facing a six-figure legal costs bill after an abortive attempt to make an elderly couple move their garden shed and raised flower bed. The… Read more »

Homeowner Overturns Gypsy Encampment Planning Permission

It is sometimes said that objectors’ opinions are not given enough weight in planning decisions. However, in one case, a determined homeowner obtained specialist legal advice and succeeded in overturning planning permission for a gypsy encampment that spoilt his views. Gypsy families had been living on land overlooked from the man’s home for several years… Read more »

Claiming for Dilapidations

  When a lease come to an end, the ‘dilapidations clause’ makes the tenant liable to restore the let premises to the same state they were in when the tenant first occupied them. It is established law that when a lease comes to an end, the landlord cannot use the dilapidations clause to make a… Read more »

Property Investor Must Pay £120,400 Estate Agency Commission

  It may come as a surprise to some property owners that estate agency fees are often payable regardless of whether a buyer is introduced by the agency concerned. A property investor found that out the hard way after the Court of Appeal found him liable to pay a £120,400 commission on the £6.8 million… Read more »

Extending Your Home? Do You Need Planning Permission?

Planning rules relating to home extensions are complex but a householder’s victory in a High Court test case is expected to make it significantly easier for some people to enlarge their homes without the need for planning permission. The man had already built a two-storey extension to his home pursuant to a planning consent granted… Read more »

Rushing Into Property Purchase Proves Costly

People often complain about the length of time it takes to complete property deals. However, one Court of Appeal case, in which a contract for sale was signed on the spot after only brief consideration, strikingly shows why property purchase is a serious business which warrants careful deliberation.  A couple attended a ‘sales fair’ in… Read more »

‘Know Your Client’ Failure Costs Firm

Although clients often regard as a nuisance the extensive ‘know your client’ procedures that are required by financial institutions and professional firms, the importance of strict adherence is clear, as a recent case involving a property fraud illustrates.  The case involved the seemingly straightforward sale of a South London property. The ‘vendor’ pretended to be… Read more »

Attention Private Landlords

Under the Immigration Act 2014 (Commencement No. 6) Order 2016 from 1st February 2016 it becomes compulsory for checks to be carried out before allowing anyone to live permanently in a property you own or control. The obligation applies to ALL adults who will live in the property as their main residence, so it will… Read more »

Need for New Homes Trumps Village School Objections

The image of country dwellers up in arms at the prospect of housing developments is a powerful one. However, in one case, landowners intent on building 79 new homes on the edge of a West Sussex village have overcome objectors’ complaints that the site might be needed for the expansion of a local school. Planning… Read more »