The following Property Q&A provides comprehensive and up to date legal information covering:
Under sections 71–113 of the Commonhold and Leasehold Reform Act 2002, long leaseholders of dwellings in mainly residential buildings (subject to certain exceptions) have the right to take over the management of the building.
In order to benefit from the right to manage, there needs to be a ‘qualifying premises’ and ‘qualifying tenant’. It will need to be determined if these criteria apply to a residential block of flats let to students and whether
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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