practicalconveyancing.co.uk Report : Visit Site


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    The main IP address: 195.74.138.9,Your server United Kingdom,Newbury ISP:Legalease Ltd  TLD:uk CountryCode:GB

    The description :rss feed rss subscribe main menu home adverse possession boundaries co-ownership commonhold commons & greens contracts/completion easements environment l&t;: commercial l&t;: lta 1954 l&am...

    This report updates in 14-Jun-2018

Technical data of the practicalconveyancing.co.uk


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Latitude: 51.400329589844
Longitude: -1.3205900192261
Country: United Kingdom (GB)
City: Newbury
Region: England
ISP: Legalease Ltd

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HTTP Header Analysis


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DNS

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HtmlToText

rss feed rss subscribe main menu home adverse possession boundaries co-ownership commonhold commons & greens contracts/completion easements environment l&t;: commercial l&t;: lta 1954 l&t;: rent/repair l&t;: residential mortgages/funding nuisance/negligence options/pre-emptions planning professional/law soc registered land restrictive covenants searches/enquiries tax: sdlt/vat mini guides lta 1954 pre-contract contract leases commonhold thousands of property law articles; regular e-mail updates... what's new? case links baker v craggs [2016] ewhc 3250 (ch) wells v devani [2016] ewca civ 1106 kateb v howard de walden [2016] ewca civ 1176 leeds v broadley [2016] ewca civ 1213 watts v stewart [2016] ewca civ 1247 -- over-rented property what can t do? in todays market, many ts are burdened with leases that they would like to get rid of. in practice, it can be very difficult to find someone else prepared to take an assignment of the lease (perhaps because the rent is higher than the current going rate, and because of concerns about dilapidations liabilities). the other option is to sub-let the whole or part of the property so as to recover rent from someone else. -- solicitors disbursements in 2008, hmrc argued that personal injury clients should pay vat on the cost of medical reports obtained by their solicitors. this was against the established principle that the report fees were disbursements, with the solicitors acting as agents for their clients. -- sewers and drains transfer to public ownership all private sewers and drains will transfer to water and sewage companies in october 2011. this will happen automatically, unless the existing sewer and drain owners object. -- sdlt update a reminder that: a 5% rate applies to purchases of residential property of over 1m where the effective date (normally the date of completion) is on or after 6 april; -- privilege handing over file? if you act for a lender, as well as the buyer, then how should you respond to a request from the lender to hand over your file? the starting point is that a solicitor should not disclose the parts of the file that are privileged or which are confidential to the borrower. as the code of conduct says: if the client does not consent, you should only send those parts of the file which relate to the work being done for the lender. this is because you cannot, without the consent of the borrower, send the whole file to the lender, unless the lender can show to your satisfaction that there is a prima facie case of fraud. moreover, in nationwide [1999] it was said that it was the lawyers duty to claim privilege on behalf of the client or former client whose privilege it is, at any rate where it is at least arguable that the privilege exists. -- drafting construction in certain situations, rectification of a document may not be necessary, and the error can be corrected by the court through construction. but, this can only apply if (i) there is a clear error on the face of the document, and (ii) the correction needed to cure that error is clear. -- enfranchisement deferment rate the deferment rate is important when valuing the amount to be paid by t on a leasehold enfranchisement claim against l. as part of the valuation process, you need to determine the future value of the freehold once the lease has expired, and to then give a discount for accelerated receipt of the money; that is done by applying an interest rate to the present freehold value, which is referred to as a deferment rate. in simple terms, the lower the deferment rate, then the higher the price to be paid by t. thus, there has been much argument about the correct deferment rates that apply on enfranchisement claims. -- boundaries - presumptions at common law there are several rebuttable presumptions -- order for sale proportionality? traditionally, there are three sets of factors that have to be taken into account by a court when dealing with an order for sale application: firstly, cpr 70.10; secondly, tlta 1996; and thirdly, article 8 of echr. applications to enforce a charging order are made under cpr 73.10. the white book notes at 73.10.1 contain a useful summary of the key factors to be considered by the court when exercising its discretion: an order for sale is an extreme sanction; all the circumstances must be considered; an order is likely in the case of a debtors contumelious neglect or refusal to pay, or if without a sale the debt will not be paid off. -- injunction or damages? what are the criteria used for deciding whether damages should be granted in lieu of an injunction? the answer is that there are four principles (set out in shelfer [1895] ). the point to appreciate is that these four hurdles are cumulative which means that a defendant has to meet all four of them to be able to convince a court that damages should be awarded instead of an injunction: -- assured shorthold s21 notice can the l of residential premises let on an assured shorthold commence possession proceedings during the currency of the two-month s21 notice, or must they wait until it has expired? the conventional answer is that l must wait until the notice has expired, because of lower street properties [1996] . -- lta 1954 competent l? under lta 1954, ts s25 notice (and, indeed, many other significant notices) must be served by t on the competent l. that person is defined as the person with the legal estate (s44(1)). -- sub-lease forfeiture of headlease the forfeiture of a headlease means that all sub-leases will also end. but, the position of a sub-sub-t can vary. consider these two examples: -- tenancy agreement in writing? why bother to have a written tenancy agreement (as opposed to an oral agreement)? the main reasons are: a written contract is better than an oral contract, especially if l wants to prove breach and be able to claim financial compensation; -- assured shortholds agricultural land a tenancy under which agricultural land, exceeding two acres , is let together with the dwelling house cannot be an assured tenancy (para 6, sched 1, ha 1988). -- renewal lease sub-leases one of the grounds for l being able to oppose the grant of a new tenancy to t is that there is a part sub-letting, with l requiring the whole property for reletting. this is ground (e) s30(e) lta 1954. -- client account deposits the law society has published a practice note on deposit protection for client accounts. to a large extent, it updates the previous practice note on the banking crisis (which has not yet been withdrawn). -- construction quantity surveyor is a quantity surveyor liable merely for quantities, or are they also liable for quality? in a recent high court case it was held that a quantity surveyor is concerned with quantities, not the quality of work, and it is for the architect to notify the quantity surveyor if there are defects in the work which affected the valuation. in practice, therefore, if a quantity surveyor does notice an obvious defect in construction works, which appear to have been overlooked by the architect, then that should be referred back to the architect for comment rather than assessed by the quantity surveyor. -- break clause rent payment if t has a break clause in the lease, than in the current market there is a considerable likelihood that it will be exercised. needless to say, ls adopt a strict approach when served with break notices under such clauses. no doubt l will check that the notice has been served correctly; remember, it was said in mannai [1997] that any precondition must be complied with (eg if the lease says the notice must be served on pink paper then indeed it must be served on pink, not blue, paper!). secondly, l will no doubt check the timing of the notice to ensure that this has also been strictly complied with. thirdly, l will want to be certain that all the existing lease provisions have been complied with no doubt l will respond with a comprehensive dilapidation schedule and argue

URL analysis for practicalconveyancing.co.uk


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first-title.co.uk
local.direct.gov.uk
lawsociety.org.uk
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landreg.gov.uk
hmrc.gov.uk

Whois Information


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