Developers are warned not to be over-hasty following a surprise court decision. It involved a claim for loss of light in which the developer built a building, presumably confident that the court would award the owner of the building whose…
A vendor who failed to inform an auction buyer of a property of a temporary defect in title can be seen to have committed a grave error as the Court of Appeal allowed the purchaser to rescind the contract…
A recent High Court case has provided a warning to developers to resolve any potential rights of light issues before starting development. In this particular case, the court awarded an injunction against a developer who infringed the rights of light…
On 4 January 2011, the standard rate of VAT will increase from 17.5% to 20%. HM Revenue & Customs has issued guidance on the impact that the increase will have on stamp duty land tax (SDLT) on non-residential leases…
The buyer of a Tudor mansion can proceed with a claim for more than £300,000 for loss of fittings and damage to the property, the High Court ruled recently. An application to have the claim struck out was rejected by…
In the late 1970's Gerry Rafferty sang 'if you get it wrong you’ll get it right next time', but that is normally not an option when giving legal notices, as a recent case shows. It involved a tenant wishing…
A recent High Court decision is likely to provide welcome relief to landlords that are being pursued by local authorities in respect of tenants that have failed to pay their council tax. The court decided that a landlord was not…
There have been many court cases relating to ‘above ground’ property issues, rights to light and access to lay drains and cables, but a question seldom asked is how far below ground a freeholder’s title extends. In a recent case,…
When a tenant vacates a property, it is essential that they make sure the necessary paperwork is complete and correct, no matter what the circumstances. This is the message delivered by the court following a recent shorthold tenancy dispute…
The boat owner who successfully argued that he had acquired legal title to the river bed of the Thames where his boat was moored has seen the decision set aside by the Court of Appeal. The Court accepted that…
