Property, Leasehold and Housing

Repossessions and mortgage arrears continue to fall

The Council of Mortgage Lenders (CML) has reported that in the first quarter of 2016, the number of repossessions fell to 2,200 (comprising 1,500 home-owner and 700 buy-to-let properties). In 2009, the number stood at 13,200 and has been steadily...

Determined Boundary Dispute Case Resolves Jurisdictional Question

Melvyn Roy Bean and Penelope Jane Saxton v Howard Katz and Benjamin Katz [2016] UKUT 168 (TCC) is a determined boundary dispute case that has given rise to an important jurisdictional question.

Housing and Planning Act 2016: more homes, more ownership, better landlords and better housing management

With Royal Assent on 12 May 2016, the Housing and Planning Act 2016 hit the statute books, bringing with it a host of reforms directed towards meeting the Government’s pledge to build more homes that people can afford, give more people the chance to...

Quiet enjoyment versus the right to rebuild: the case of Timothy Taylor Ltd v Mayfair House Corporation and another

The High Court has considered whether a landlord was acting in breach of a covenant for quiet enjoyment when acting on a right in a lease to undertake rebuilding work. The court held that, although the lease did indeed give the landlord the right to...

The Upper Tribunal Provides Guidance on Cost Applications for Unreasonable Behaviour

The Upper Tribunal provides guidance on cost applications for unreasonable behaviour and says that such awards should be rare. In 3 joined cases  WILLOW COURT MANAGEMENT COMPANY (1985) LIMITED v MRS RATNA ALEXANDER, MS SHELLEY SINCLAIR v 231 SUSSEX...

HMRC form out now for reclaiming 3% supplemental Stamp Duty when original residence sold

A new online form is now available for claiming back the 3% supplemental Stamp Duty Land Tax (SDLT) payable when a new home is bought when an original residence is retained. The supplement is not payable where the new property replaces a main home where...

Court and Tribunal Fee changes

Possession claims fee and other Court fees due to rise next month -  Fee for issuing possession proceedings will be increasing from £280 to £355 and through PCOL from £250 to £325. Also for majority of general applications the...

Right to Rent checks on new tenants come into effect

Landlords in England now have to carry out Right to Rent checks on potential tenants to make sure they are entitled to stay in the UK. The new regulations came into force on 1 February. They will affect you if you are a private landlord, have a lodger, are...

The Deregulation Act 2015 - Changes To Section 21 Notices

New legislation which came into force on 1 October 2015 introduced a number of changes which affect whether or not a Landlord can serve a Section 21 Notice on an assured shorthold tenancy in England. These new rules will only apply to new assured shorthold...

New Pre-Action Protocol Possession Claims By Social Landlords for Rent Arrears Only

On 6 April 2015 the new pre-action protocol for Possession Claims was introduced.  It is split into three parts entitled: 1.       Aims and scope of the protocol. 2.       Rent arrears. ...
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