March 2013 #306 – Law Journals

Residential Tenancies: The good, the bad and the ugly

Sarah Frost and Lisa-Marie Davison summarise key characteristics of residential tenancies and the measures required to achieve vacant possession Generally speaking, a residential tenancy at a rent with no premium granted to an individual after 28 February 1997 will be an assured shorthold tenancy (AST). There are no controls on the level of rent that …

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CRC Energy Efficiency Scheme: Easing the administrative burden?

Hannah Kramer examines whether the DECC’s proposals will create a simplified CRC An organisation that contracts for the supply of energy for third parties and passes on such ‘unconsumed supplies’ to third parties, such as a facilities management company, will not usually be deemed to be ‘responsible’ for that supply. On 10 December 2012, the …

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Localism In Practice: Saving an asset of community value

Tessa Blunden and Romola Parish tell the story so far of the role played by the Localism Act 2011 in the efforts of a group of Nunhead residents to save a much-loved local pub, The Ivy House Landlords of assets that are not listed, but which could potentially fall within the criteria for listing, should …

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Residential Service Charges: A new approach for the LVT

Sue Thompson assesses the Supreme Court decision in Daejan A degree of flexibility will need to be adopted by the LVT in each case when considering exercise of its discretion if it is to achieve a fair balance between both sides. On 6 March 2013, The Supreme Court handed down its eagerly awaited judgment in …

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Negligent Valuations: Welcome news for lenders

Defaulting borrowers and shortfalls from subsequent sales have become increasingly common in the current property market. Who is responsible for these losses? The negligent valuer, or the lender itself? Nicola Stanley investigates The decision will be welcomed by lenders and it will potentially assist with the resolution of many outstanding claims.Following the combined effects of …

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Co-Owners In Actual Occupation: High priority

Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …

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