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Rates – empty property

If premises are unoccupied, then liability to pay the business rates falls on the ‘owner’ (ie the person entitled to possession).

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SDLT – ‘residential dwelling’

The distinction between ‘residential’ and ‘non-residential’ can be important, from an SDLT point of view, for builders.

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Restrictive covenants – s84

Section 84 LPA 1925 allows for the discharge or modification of restrictive covenants. There are several grounds but the one with the greatest chance of success is when the covenants do not secure any practical benefits of substantial value, or advantage, to those who can enforce them. While there are many cases about what this means, the reality is that each application turns on its own facts.

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Section 84 – compensation?

If a restrictive covenant is discharged and modified under s84, then the person with the benefit of the covenant will be entitled to compensation. But, how is that to be assessed?

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Negligent survey – damages?

If there is a negligent survey, then what damages can the home-buyer expect to recover? The simple answer is that the home-owner is unlikely to recover more than the difference between what was paid for the property and its value in that defective condition.

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Recitals – mandatory?

Not so long ago, any deed would have extensive recitals. Their purpose was to recite the history by which the parties had come to the point of agreement. Nowadays, however, recitals are usually very brief – and are sometimes dispensed with altogether.

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Registration gap – dangers

The potential dangers of the ‘registration gap’ are well-known. The ‘gap’ is the period of time between a buyer of a legal estate completing the transaction, and actually being registered as proprietor at the LR.

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Contract – no oral modification?

Most written contracts include a clause saying that any variation to the contract must be in writing and signed by the parties. This is often called a no oral modification clause.

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Rates – date of valuation

Rating law is full of hypotheticals. In particular, a property is valued as if it were in a reasonable state of repair – even when it is not (unless the repairs are sufficiently significant that a hypothetical L would not consider them ‘economic’ to undertake).

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SDLT – granny flats, annexes

The 3% SDLT surcharge applies to purchases of additional residential properties (including buy-to-let, second homes and holiday homes) where the chargeable consideration is at least £40,000.

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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
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We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
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We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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