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Russell-Cooke

Solicitor

Russell-Cooke

Russell-Cooke

Solicitor (Associate)

Russell-Cooke

Russell-Cooke

Contributions by Russell-Cooke Experts

10

UK-France estate planning—introduction

Practice notes

This Practice Note written by Patrick Delas of Russell Cooke LLP is an overview of the taxation of estates in France from the perspective of UK domiciled individuals potentially subject to French inheritance tax (DMTG) and wealth tax (IFI) on their French property.

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A leaseholder purchased a flat in the knowledge that major works would be required in the future. However, when the works ultimately were undertaken a number of years later they far surpassed the original cost estimate provided. Can the leaseholder refuse to pay?

Q&As

A protective application was made to the Property Tribunal on the basis that it was almost six months since service of the counter notice and terms had not been agreed. Terms have now been agreed. Should the Tribunal be asked to stay proceedings or should they be withdrawn following the agreement of terms?

Q&As

Property Disputes

Five long residential leases of flats in a block of 14 have a management company as a party. They also contain a covenant by the landlord to grant any other leases of flats in the building in similar terms. The management company has been struck off and the landlord does not intend to form a new one. Can the landlord grant a new lease of another flat on the same terms, except with no management company as a party or will this be a breach of the covenant to grant leases in similar terms?

Q&As

If a solicitor is working from home and wishes to avoid giving out their personal address, can they accept scanned executed documents from their client by email in order to complete a property transaction that is registrable at HM Land Registry, or must the solicitor be in physical possession of the ‘wet ink’ signature document?

Q&As

In a collective enfranchisement transaction, can the tenants who are not qualifying tenants take part in the enfranchisement providing there are enough qualifying tenants as well? Eg where there are 15 flats, four owned by the same person and two by another with nine owned individually. If eight qualifying tenants collectively enfranchise, can the owner of the four flats join in in addition to the eight qualifying tenants? Or is the owner of the four flats not able to participate at all?

Q&As

Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?

Q&As

Is the landlord able to include the right to redevelop in a new lease when granting a voluntary lease extension for a residential property lease?

Q&As

The lessor under a long residential lease served a section 146 of the Law of Property Act 1925 notice on the lessee seeking remedy for breaches of the lease. The lessee denies the breaches but does remedy them and therefore the only issue is whether the lessor can recover solicitors’ fees for correspondence and service of the notice. The lease provides for the lessee to indemnify the lessor where the lessor serves a section 146 notice. Is the lessor entitled to recover its costs where a tribunal or court has not determined whether there were breaches and therefore whether the notice was validly served?

Q&As

Property Disputes

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