Mon09252017

Last updateTue, 24 Feb 2015 5pm

Cornerstone Barristers

Cornerstone Barristers

Richard Hanstock illustrates the problems surrounding selective licensing schemes and discusses a recent unreported decision

An ever-greater number of local authorities have adopted selective licensing schemes, requiring residential landlords in certain areas to submit to compulsory registration and inspection. Once an area designation has been made, the requirements apply across the private rented sector, as much to landlords of small-scale investment properties as to those owning large build-to-rent schemes.

Matt Hutchings QC considers some of the lessons to be learned from his experience of acting for the London Borough of Southwark when enforcing s106 agreements

I recently acted on behalf of the London Borough of Southwark, which brought claims in the Chancery Division to enforce affordable housing obligations imposed by s106 agreements. These claims were recently concluded by settlements approved by the High Court, and raised a number of legal issues of relevance to practitioners in this area, including:

Paul Marshall discusses a case which explores relief from liability for breach of trust under the Trustee Act 1925

The judgment of His Honour Judge Mark Pelling QC, sitting as a judge of the Chancery Division, in Purrunsing v A’Court & Co and House Owners Conveyancing [2016], has attracted the interest of conveyancers and their insurers because a vendor’s conveyancing solicitor (AC) was held liable to the intending purchaser (P) of a property, the victim of identity fraud, despite being wholly innocent of the fraud and without knowledge or suspicion of it. Seemingly the decision runs counter to the widely held perception that a vendor’s solicitor in an identity fraud, innocent of their own client’s wrongdoing, is just as much a victim as the intending purchaser.