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Kim Teichmann provides an overview of the changes introduced to the 1996 Act and what they mean in practice ‘The big question is what to do if the parties realise that they have entered into a contract that is not compliant with the new Construction Act. It is important for the parties to amend their …
Continue reading "Construction Act: Change is afoot"
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Richard Bartle and Dr Keith Shaw analyse how developers are responding to the courts’ more robust treatment of those who deliberately breach their neighbours’ legal rights ‘Any developer who has kept an eye on recent developments in the law should probably think about reformulating its development strategy.’ Part one In a decision of the Land …
Continue reading "Restrictive Covenants: Not in my back yard – part two, bring in the bulldozers!"
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John Starr reviews the role of an adjudicator following recent case law ‘Carillion sought to bring an end to an adjudication commenced against them by applying to court for various declarations.’ The 1996 Construction Act gives the parties to a construction contract the right to refer their disputes to adjudication at any time. However, it …
Continue reading "Construction Focus: Resignations and adjudications"
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Simon Ricketts and Meeta Kaur provide a planning perspective on the Portas Review, and find some inherent contradictions ‘The gripe seems to be that “the Secretary of State should more frequently exercise his existing powers”, and if the statistics Portas quotes on the growth of out-of-town retail development in recent years are to be taken …
Continue reading "Planning And Environment Focus: The Portas Review"
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Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011. ‘Jones v Kernott [2011] illustrates the serious problems that can arise when cohabitant purchasers do not enter into an adequate declaration …
Continue reading "Co-Habitation: Buyer beware"
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Lucy Barber reviews a recent case where the court was required to consider whether the owners of houseboats held as tenants or as licensees? ‘What happens to your home if the licence is lawfully terminated? These questions have recently been considered in the Court of Appeal decision of Christopher Mew and Janet Trust v Tristmire …
Continue reading "Houseboats: A question of ownership"
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Huw Witty and Julian Lewis assess how BPRA has been used to date and how it could usefully be extended ‘At a time when high streets are suffering and government is keen to do what it can to revitalise town centres, it is encouraging that the duration of the BPRA scheme has been increased.’A Business …
Continue reading "Business Property Renovation Allowance: Room for improvement"
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Jane Rogers looks at the latest litigation involving beer ties ‘In the early 1990s a period of recession that badly affected the leisure trade, together with fundamental changes in the style and operation of the traditional public house, created a very challenging environment for the pub tenant.’In November 2006 I wrote an article for this …
Continue reading "Beer Ties: Why does the saga go on and on?"
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Ed John and Shanna Davison consider the impact of late rent reviews and give some practical tips for parties on either side of rent review negotiations ‘The combined effect of the common law and the way most rent review provisions are drafted is that the conclusion of a rent review is comparable to the music …
Continue reading "Landlord And Tenant: It’s never too late for rent reviews"
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Ruth Atkins asks whether exclusivity agreements are worth the effort, or whether they simply serve as a distraction from negotiating the main transaction ‘A lockout agreement does not oblige either party to complete the sale (or letting)… there is nothing to prevent the seller from simply ‘sitting out’ the agreement and then dealing with a …
Continue reading "Lockout Agreements: Worth the wait?"
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