June 2013 #312 – Law Journals

Residential Service Charges: Where are we now?

Emma Gosling considers some recent cases ‘If you accept that it will be necessary to apply for dispensation from the consultation requirements, do so early before the lessees incur unnecessary costs which you could ultimately be held liable for.’ It has been an eventful year for residential service charge litigation. There have been a number …

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Break Clauses And Apportionment Of Rent: A ray of light for tenants?

Richard Flenley and Joe Edwards review a case that indicates the court’s current stance on the repayment of sums on the valid exercise of a break clause ‘The decision represents something of a chink of light for tenants in what was previously a very landlord-friendly arena.’ There has been a line of cases – most …

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Valuer: Permissible margins

Anna Mullins sets out the lessons for valuers from the recent case of Webb Resolutions Ltd v E.Surv Ltd If the valuer could not discharge their contractual or tortious obligations without adding words somewhere on the form, or producing a covering letter to address the particular issue, then they had to take such a course, …

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Development: A river runs through it

A successful challenge to the Environment Agency’s flood map zones has created huge opportunities for developers. Cameron Whitehead explains ‘With the scenic nature of canals and waterways providing the impetus for buyers, developers should see the alteration of the flood map as an excellent opportunity for new residential and commercial sites.’ For developers, land is …

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The ODS Regulation: Keep a cool head

Michael Green outlines how landlords and occupiers should prepare properties for the ban on R22 ‘In the current market, it is conceivable that landlords may prefer to meet, or at least share, the costs of replacing or converting air conditioning installations, rather than risk losing a paying tenant.’R22 is a common type of refrigerant still …

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Squatting In Commercial Premises: Mind the gap

Jennifer Chappell looks at the current legal process and suggests that legislative changes are urgently required to include commercial properties within the offence ‘Residential property owners are now undoubtedly in a much better position regarding squatters, as the police can arrest and prosecute any offender. The added benefit of this new process is that a …

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