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Latest Property News

Stay Class E—Court of Appeal rules Use Class E is lawful (Re Rights: Community: Action)

The following Planning news provides comprehensive and up to date legal information on Stay Class E—Court of Appeal rules Use Class E is lawful (Re Rights: Community: Action)

Property weekly highlights—27 January 2022

The following Property news provides comprehensive and up to date legal information on Property weekly highlights—27 January 2022

SDLT—Grant of call option was not an ‘other transaction’ within the old sub-sale rules (Fanning v HMRC)

The following Property news provides comprehensive and up to date legal information on SDLT—Grant of call option was not an ‘other transaction’ within the old sub-sale rules (Fanning v HMRC)

FTT finds supply of accommodation for homeless to be subject to VAT on reduced value (City YMCA London v HMRC)

The following Property news provides comprehensive and up to date legal information on FTT finds supply of accommodation for homeless to be subject to VAT on reduced value (City YMCA London v HMRC)

Featured Property content

Overreaching—sales by trustees of land

Overreaching—sales by trustees of landBroadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith...

Who is required to sign an RLE1 form to transfer entitlements following the sale of agricultural land, do both the seller and buyer have to sign, and, if so, do two separate forms need to be completed?

Who is required to sign an RLE1 form to transfer entitlements following the sale of agricultural land, do both the seller and buyer have to sign, and,...

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006?...

Where a lender agrees to its borrower obtaining the grant of a new extended residential lease and the existing lease is already in charge to it, can it safely rely on section 58(4) of the Leasehold Reform, Housing and Urban Development Act 1993 so that a deed of substituted security is rendered unnecessary?

Where a lender agrees to its borrower obtaining the grant of a new extended residential lease and the existing lease is already in charge to it, can...

Practice notes

Who is liable for inherent defects?

Who is liable for inherent defects?Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property...

16th Nov

Q&As

An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their mortgage (the notice was registered before the mortgage), the notice is preventing them from remortgaging. Do they have any grounds to apply to the court for the removal of the notice?

An individual has bought a property with a home rights notice registered against the title. While they have managed to register the transfer and their...

Produced in partnership with Helen Galley of XXIV Old Buildings 16th Nov

Practice notes

Assignments of leases—when to register at HM Land Registry

Assignments of leases—when to register at HM Land RegistryThis Note considers registration at HM Land Registry following the assignment of a lease....

16th Nov

Practice notes

Registered charges—transfer and transmission

Registered charges—transfer and transmissionTransferThe owner of a registered charge, who is the:•registered proprietor, or •person entitled to be...

16th Nov

Practice notes

Easements and utilities—third party land

Easements and utilities—third party landSecuring necessary easementsWhere third party land intervenes between a new development and the public...

16th Nov

Q&As

HM Land Registry (HMLR) Practice Guide 9 provides, at paragraph 6, that where the seller of property is represented by someone holding an unregistered enduring power of attorney (EPA) older than 12 months, HMLR might require evidence of non-revocation by way of a statement of truth by the buyer or a certificate from their solicitor. In such a case, is the buyer's legal representative required to make inquiries beyond the papers, or is that the role of the seller's legal representative (ie to take steps to check EPA validity and ultimate client confirmation)? Is there any guidance or case law of the responsibilities of the respective lawyers in such a case?

HM Land Registry (HMLR) Practice Guide 9 provides, at paragraph 6, that where the seller of property is represented by someone holding an unregistered...

16th Nov

Q&As

We have a charging order secured against a property, which is protected by way of a UN1. The defendant company has a restriction registered against the title which pre-dates the charging order. The debenture is noted as a restriction and not as a legal charge on the title. Our charging order is protected by way of a UN1. Does the fact that the debenture is not entered by way of a legal charge on the title document in any way promote our interest above that of the debenture?

We have a charging order secured against a property, which is protected by way of a UN1. The defendant company has a restriction registered against...

Produced in partnership with Victoria Jones of Freeths 16th Nov

Practice notes

How unincorporated associations hold property

How unincorporated associations hold propertyWhat is an unincorporated association?In Koeppler, an unincorporated association was described as ‘an...

16th Nov

Q&As

Where a transfer of part refers to a variable rentcharge to secure the payment of service charge and is supported by a Deed of Covenant and title restriction, does the 'freehold setup' remove the risk of enforcement of the draconian remedies under section 121 of the Law of Property Act? Further, can a fixed rentcharge of £1 p/a still be created under the Rent Charges Act 1977?

Where a transfer of part refers to a variable rentcharge to secure the payment of service charge and is supported by a Deed of Covenant and title...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov

Q&As

Do you have any information on the implications of building over a building line?

Do you have any information on the implications of building over a building line?A ‘building line’ is a prescribed frontage line for building in front...

16th Nov

Q&As

What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?

What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?By section 14 of the Trusts of Land and...

16th Nov

Practice notes

Restrictive covenants in favour of the National Trust

Restrictive covenants in favour of the National TrustThe National Trust’s powers to enforce restrictive covenantsIn addition to the National Trust’s...

16th Nov

Q&As

Where a lease is entered into for a term of five years, and a reversionary lease of six years to commence immediately following the expiration of the five-year lease, is it possible for an underlease to be entered into for a term of 11 years under both leases?

Where a lease is entered into for a term of five years, and a reversionary lease of six years to commence immediately following the expiration of the...

16th Nov

Precedents

Car Parking Licence

Car Parking LicenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales with company registration number [number] whose...

16th Nov

Precedents

Short-form office lease (part of building)

Short-form office lease (part of building)ParticularsDate[date]Landlord[name] [of OR incorporated in England and Wales with company registration...

16th Nov

Q&As

Are any of the overriding interests recognised at law capable of being overreached? If so, which ones?

Are any of the overriding interests recognised at law capable of being overreached? If so, which ones?Overriding interestsOverriding interests are...

16th Nov

Repairs and alterations

View Property by content type:

Latest Property News

Stay Class E—Court of Appeal rules Use Class E is lawful (Re Rights: Community: Action)

Property weekly highlights—27 January 2022

SDLT—Grant of call option was not an ‘other transaction’ within the old sub-sale rules (Fanning v HMRC)

FTT finds supply of accommodation for homeless to be subject to VAT on reduced value (City YMCA London v HMRC)

Featured Property content

Overreaching—sales by trustees of land

Who is required to sign an RLE1 form to transfer entitlements following the sale of agricultural land, do both the seller and buyer have to sign, and, if so, do two separate forms need to be completed?

Who is liable for inherent defects?

Assignments of leases—when to register at HM Land Registry

Registered charges—transfer and transmission

Easements and utilities—third party land

How unincorporated associations hold property

Do you have any information on the implications of building over a building line?

What are the options for a share of freehold owner when a co-freeholder is refusing to sign the TR1?

Restrictive covenants in favour of the National Trust

Where a lease is entered into for a term of five years, and a reversionary lease of six years to commence immediately following the expiration of the five-year lease, is it possible for an underlease to be entered into for a term of 11 years under both leases?

Car Parking Licence

Short-form office lease (part of building)

Are any of the overriding interests recognised at law capable of being overreached? If so, which ones?

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