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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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In considering Berrisford v Mexfield, the Supreme Court has expressed its view on the current, unsatisfactory, legal position where a lease or tenancy agreement has been created for an uncertain duration. Carl Roche investigates ‘If the view of the Supreme Court is followed, imperfect tenancies will no longer give rise to implied periodic tenancies. Instead …
Continue reading "Leases: Uncertainty of term"
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Helena Davies examines the implications of installing photovoltaic solar panels on leasehold properties ‘It seems unlikely that PV panels are going to constitute a breach of covenant on the basis of their appearance alone, save in exceptional circumstances.’The relatively recent trend in installing photovoltaic solar panels (PV panels) on the roofs of buildings is born …
Continue reading "PV Panels: Rooftop wrangles"
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Robert Barham reviews a case illustrating the dangers and pitfalls of the 1987 Act ‘An incoming landlord whose predecessor complied fully with Part 1 of the 1987 Act can still fall foul of s3A by failing to state in its formal notification to the tenant that the disposal was one pursuant to the 1987 Act. …
Continue reading "Landlord And Tenant Act 1987: Consequences of non-compliance"
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John Starr reviews a recent case involving the reasonableness of the fees charged The Construction Act (that is to say the Housing Grants, Construction and Regeneration Act 1996, as recently amended by the Local Democracy, Economic Development and Construction Act 2009) gives the parties to a construction contract the right to refer their disputes to …
Continue reading "Construction Focus: Adjudicators’ fees"
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In the first of a new monthly column by King & Wood Mallesons SJ Berwin LLP , Joann Fernandes provides an overview of the Localism Bill and the National Planning Policy Framework The Localism Bill was published and introduced to the House of Commons on 13 December 2010. It includes provisions relating to local government, …
Continue reading "Planning And Environment Focus: A positive change?"
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Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …
Continue reading "Declarations Of Trust: Taking someone at their word"
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Chris Devlin assesses the outcome of some key cases concerning the interaction of planning conditions and the lawful commencement of development ‘Only in exceptional circumstances may planning permission be implemented where pre-commencement of development planning conditions have not been discharged.’Planning permissions must be implemented within strict time limits, unless expressly agreed otherwise with the Local …
Continue reading "Planning Conditions: (Un)lawful commencement of development"
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Natasha Rees examines a case that considers the status of a tenant where the lease is assigned in parts without the knowledge of the landlord ‘An assignment of part of the leased property by which the property is physically severed has the effect that the holder of each severed part has privity of estate with …
Continue reading "Collective Enfranchisement: A question of contract or estate?"
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Nathan Rees assesses the issues to consider when negotiating an option agreement, and the possible alternatives ‘There are a number of commercial and legal issues to be considered in connection with option agreements, which are relevant to both the landowner and the developer.’An option to purchase (that is, a call option) is an incredibly useful …
Continue reading "Option Agreements: Development and site assembly"
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