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Property Law Journal: 30 April 2012

Morven Coulter reviews the four key areas that should be considered at the heads of terms stage

At a time when heads of terms for leasing transactions are taking longer and longer to get into an agreed format, and less time is left for putting a contract in place, how can you ensure that delays don’t occur because of commercial points that you perceived as agreed? There are four key areas where time spent at the heads of terms stage could save valuable time when the contract is being negotiated.

Ashton KCJ

Matthew Cameron examines the implications of new European Regulations for those who own property abroad

It is understood that across Europe around 450,000 successions are started each year in which a deceased person had owned property and assets in different jurisdictions.

Paul Tonkin provides an overview of recent case law

Nabarro LLP

Nick Lloyd and Sarah Moore outline some issues relating to pre-pack, including the government’s controversial decision not to reform them

As the current difficult economic climate continues, tenant insolvency and business failure are still dominating the news in the property market and pre-packaged sales continue to be a contentious topic for landlords.

Forsters LLP

Lucy Barber looks at a case relating to excluded tenancies under the Leasehold Enfranchisement Act 1967

There has been much litigation over the last few years as to what is meant by the word ‘house’ in s2 of the Leasehold Reform Act 1967. The question arose once again in the recent case of Hertsmere Borough Council v Lovat [2011] where the Court of Appeal had to decide what was meant by ‘house’ and ‘adjoining land’ for the purposes of s1AA(3)(b) of the 1967 Act.

James Carroll and Juliet McDermott discuss interim occupationof the family home pending divorce

Commonly, when facing a divorce, the biggest asset will be the family home. Both parties will need to decide what is going to happen to the family home in the longer term. This will require consideration of their respective financial circumstances, including incomes, and if appropriate the needs of any children. Before the divorce becomes final, parties will have to consider who occupies the family home in the interim and how it will be financed. This can include a myriad of considerations including who pays for the mortgage, outgoings such as home contents and buildings insurance, mortgage payment insurance, council tax, and utility bills. Parties will also need to consider the upkeep of the property, maintenance, decorations and other works. These considerations may be crucial in determining who should stay in the family home since it may be the case that one person staying alone cannot afford to do so. In this case the question of interim maintenance arrangements and perhaps benefits entitlements also needs to be considered.