This Q&A assumes that the wall is not immediately adjacent to the boundary, nor has footings or foundations projecting into the neighbouring land. PWA 1996 imposes rights and obligations on property owners who wish to: • work on existing party walls or structures • construct a new wall or structure at the boundary line with an adjoining property, or • excavate within three or six metres of an adjoining building or structure (depending on the depth of the works) If a building owner doing such works fails to comply with the provisions of PWA 1996, and obtain the consent of the adjoining

MLex: Competing businesses can in theory sue one another for unfair commercial practices on the basis of breaches of EU privacy law, according to a legal opinion prepared for the EU's top court. It is considering questions about a German case where a pharmacist wanted to sue a competitor for unfair competition, alleging illicit processing of ‘health data’, and Advocate General Maciej Szpunar's opinion considered the status of the data in question.

The question here is whether an express written tenancy at will or an implied unwritten tenancy at will shall attract the ‘security of tenure’ conferred by Part II of the Landlord and Tenant Act 1954 (LTA 1954) which would prevent the landlord recovering possession without first serving a notice pursuant to LTA 1954, s 25, and what period of notice is required (in addition to under LTA 1954, s 25 if the tenancy does attract security of tenure)? All tenancies at will, whether granted expressly as such or arising by

There are various ways in which a tenancy which is being continued by the Landlord and Tenant Act 1954 (LTA 1954) beyond the contractual termination date may come to an end. The parties may impliedly surrender the existing tenancy by granting and accepting a new lease. However, where the new lease is of part, only the corresponding part of the existing lease is surrendered. See Commentary: Surrender by operation of law: Hill and Redman's Law of Landlord

Stamp duty land tax (SDLT) is charged on the chargeable consideration for a land transaction. A land transaction is an acquisition of a chargeable interest. Chargeable consideration has a particular meaning for SDLT purposes and is defined in section 50 of the Finance Act 2003 (FA 2003) and FA 2003, Sch 4. Chargeable consideration includes not only money or money’s worth but also other means by which value is given directly or indirectly to the transferor of the land. For further detail on the meaning of

We have assumed in answering this Q&A that the property was fully constructed at the time of exchange of contracts, is freehold and that there are no construction obligations for the developer within the sale contract. If that is not the case, then there may be other remedies available to the buyer either for breach of contract or, perhaps, pursuant to the Defective Premises Act 1972. Rescission The remedy of rescission is considered in the Practice Note: Termination for breach of property contract. The term ‘rescission’ is used to describe two different remedies:

Service charges Service charges are levied by landlords to recover the costs they incur in providing services to a building. The way in which the service charge is organised is set out in the tenant's lease or tenancy agreement. The charge normally covers the cost of such matters as general maintenance and repairs, insurance of the building and, where the services are provided, central heating, lifts, porters, lighting and cleaning of common areas, etc. The charges may also include the costs of management by the landlord or by a professional managing agent and for contributions to a reserve fund. Relationship of landlord and tenant The relationship of landlord and tenant has its origins in the medieval land law and was originally one of contract only. However, from early times the contract conferred an estate or proprietary interest in the land

Mary Ashley of 15 Old Square The higher rates of stamp duty land tax (SDLT) will apply to the purchase of a major interest in a single dwelling by an individual, if at the end of the day of purchase, conditions A–D are met: • condition A—the chargeable consideration is £40,000 or more • condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • condition C—the purchaser owns a major interest in another dwelling which has a market value of £40,000 or more and is not subject to a lease

Once an option to tax land and buildings has been made, it can only be revoked in certain circumstances. One of these circumstances is where an option has had effect for more than 20 years. Under paragraph 25 of Schedule 10 to the Value Added Tax Act 1994, a taxpayer can revoke an option to tax that has had effect for more than 20 years provided the taxpayer either meets certain conditions or gets prior permission from HMRC. The conditions are set out in HMRC VAT Notice 742A, section 8.3 and have force of law. The taxpayer must meet Condition 1 or all of Conditions 2–5. Condition 1 would not apply here as this

Where a landlord has served a valid notice pursuant to section 25 of the Landlord and

There is an unusual state of affairs in this case. For whatever reason, the lower part of a building is the subject of one freehold estate and the upper part of it is the subject of another. Each is the subject of a separate registration

Section 213 of the Housing Act 2004 (HA 2004) sets out rules governing how a landlord must deal with a tenancy deposit which is paid by their tenant. These rules include a requirement that the landlord comply with the initial requirements of an authorised scheme within 30 days of being given the deposit and that the landlord provide certain prescribed information to the tenant. HA 2004, ss 214–215 set out the consequences where a tenancy deposit has not been dealt with correctly: • HA 2004, s 214 gives a tenant the right to bring proceedings in the County Court • HA 2004, s 215 provides that a landlord cannot