Articles
Property: Stemming a rising tide?
Published Date: 16 February 2009
Author: Tom Bailey and Greg Williams
Journal Name: New Law Journal
Journal Date: 13 February 2009
Journal Citation: 159 NLJ 221
Jurisdiction: England; Scotland; Northern Ireland; Wales
Abstract: New Law Journal, Issue 7356: New pre-action protocol on mortgage possessions designed to ensure lenders and borrowers act fairly and reasonably with each other.
Summary: Considers the effectiveness of the new mortgage possession pre-action protocol. Claims for possession are rising steeply, thanks in no small part to the “credit crunch”. Following consultation, a mortgage possession pre-action protocol was introduced last November. Its much heralded design was to stem the rising tide of mortgage possession actions. The protocol is intended to ensure that the lender and borrower act fairly and reasonably with each other in resolving any matters concerning arrears, encourage more pre-action contact between the lender and borrower in an effort to reach agreement and enable efficient use of the court's time in the absence of agreement. Discusses who the protocol applies to, the obligations of lenders and borrowers and how practitioners should deal with the new protocol.
Landlord scores fatal own goal
Published Date: 16 February 2009
Author: Sandi Murdoch
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 105
Jurisdiction: England; Wales
Related Legislation: Landlord and Tenant Act 1954
Abstract: Estates Gazette, 7 February 2009: Contracting out of the Landlord and Tenant Act 1954 only applies to specific tendancies and it pays to know the rules.
Summary: Explains leases that are constructed out of the security of tenure provisions of Part II of the Landlord and Tenant Act 1954 are an important feature of the commercial property scene. It is vital to this sector of the market that the rules for contracting out are adhered to and that tenants do not inadvertently gain statutory protection. A fixed term that is defined as including a period of holding over is not a "term of years certain" and cannot be contracted out.
Best deals around
Published Date: 16 February 2009
Author: Dolf Darnton
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 102
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: Incentives to attract tenants are the order of the day as the commercial property sector suffers in the current recession.
Summary:
Explains, as turnover declines and businesses respond by reducing expenditure, landlords are offering greater incentives to attract tenants. The extent of these incentives will depend upon the level of demand and supply. However, the volume of surplus space in the retail sector is on the increase as the number of occupiers looking for new premises falls.
Lack of ideas for long-term recovery
Published Date: 16 February 2009
Author: Kay Booth and Laura Oliver
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 101
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: The government's bailout of some British banks has failed to fuel investment in the real estate sector.
Summary: Reports the government's intervention to provide £37bn to our beleaguered banks in exchange for a substantial stake in the banking sector. The question now is whether that state interest will affect the banks' attitudes to lending. This is particularly relevant in the real estate market, which has been hardest hit by the credit crunch as real estate values have dropped, banks have closed their doors to new lending and reports abound that former industry stalwarts have breached their banking covenants.
From gold to dust
Published Date: 15 February 2009
Author: Daniel Levy and Philip Freedman
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 98
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: Leases often suffer in economic downturns, with tenants wanting to offload premises and landlords protecting their investment.
Summary: Explains news of planned store closures seems to be a daily occurrence in the current economic climate. However, where administrators have not been called in, the usual rules of the game still apply. Both tenants and landlords will benefit from a good understanding of these rules as the pressures on occupiers to reduce liability and on landlords to preserve their investments compete.
All knotted up?
Published Date: 9 February 2009
Author: Alison Morris
Journal Name: Tax Journal
Journal Date: 9 February 2009
Journal Citation: Tax Journal, Issue 967, 11
Jurisdiction: England; Scotland; Northern Ireland; Wales
Related Legislation: Finance Act 2001
Abstract: Tax Journal, Issue 967: Changes to land remediation relief are likely to result in less rather than more claims.
Summary: Considers proposed changes to land remediation relief. Finance Act 2001, schedule 22 provides relief for expenditure on the cleaning up of contaminated land. In summary, the relief permits a corporation tax deduction of 150 per cent for qualifying expenditure (of both a revenue and capital nature) on land remediation. Alternatively, a company with losses arising from qualifying land remediation can opt for a tax credit of 16 per cent of the unrelieved loss. The relief is only available where the land was contaminated at the time of its acquisition; contamination created or added to by the company does not qualify. Looks at proposed changes likely to be included in the Corporation Tax Act 2009, including, extending the relief to apply to expenditure incurred on treating land contaminated by Japanese Knotweed, radon and arsenic and targeting the relief more specifically at expenditure incurred on removing contaminants caused by previous industrial activity.
Property: Factual possession
Published Date: 9 February 2009
Author: William Byrne
Journal Name: New Law Journal
Journal Date: 6 February 2009
Journal Citation: 159 NLJ 185
Jurisdiction: England; Wales
Related Legislation: Limitation Act 1980
Related Cases: Alston & Sons Ltd v BOCM Pauls Ltd [2008] All ER (D) 312 (Nov)
Abstract: New Law Journal, Issue 7355: High Court re-examines the requirements for adverse possession, including establishing an intention to possess.
Summary: Discusses some of the uncertainties in adverse possession. The Limitation Act 1980, section 15(1) confirms that no action to recover land can be brought against any person after twelve years have expired from the date on which the right of action first accrued. Considers J Alston & Sons Limited v BOCM Pauls Ltd in which the High Court re-examined the requirements for adverse possession and looked to resolve one of the remaining uncertainties over what is required to have an intention to possess.
A winter of discontent in high places
Published Date: 8 February 2009
Author: Sandi Murdoch
Journal Name: Estates Gazette
Journal Date: 31 January 2009
Journal Citation: Estates Gazette, 31 January 2009, 115
Jurisdiction: England; Wales
Abstract: Estates Gazette, 31 January 2009: The Court of Appeal was kept busy in the last months of 2008 and overturned a number of property-related first instance decisions.
Summary: Explains a building used almost exclusively for commercial purposes is not a house for enfranchisement purposes. A right to re-enter for rebuilding and renewal allows extensive redevelopment. Special conditions of sale turn on their precise wording.
Enforcement of anti-social behaviour injunctions (part 1)
Published Date: 4 February 2009
Author: Justin Bates and Stephanie Smith
Journal Name: Journal of Housing Law
Journal Date: 1 January 2009
Journal Citation: [2009] JHL 18
Jurisdiction: England; Wales
Abstract: Journal of Housing Law, January 2009: Local authorities and other social landlords possess a wide range of powers to monitor, regulate and punish anti-social behaviour which occurs within their areas.
Summary: Seeks to clarify the procedure which underpins enforcement of antisocial behaviour injunctions (ASBIs) and the judicial principles which govern punishment for breach, in the first part of a two-part article. The second part will deal with some of the common problems which can arise in committal proceedings. Where a person fails to do that which a court has ordered him to do or disobeys a judgment or order prohibiting him from doing an act, the order may be enforced by a committal order.
Property: Stemming a rising tide?
Published Date: 16 February 2009
Author: Tom Bailey and Greg Williams
Journal Name: New Law Journal
Journal Date: 13 February 2009
Journal Citation: 159 NLJ 221
Jurisdiction: England; Scotland; Northern Ireland; Wales
Abstract: New Law Journal, Issue 7356: New pre-action protocol on mortgage possessions designed to ensure lenders and borrowers act fairly and reasonably with each other.
Summary: Considers the effectiveness of the new mortgage possession pre-action protocol. Claims for possession are rising steeply, thanks in no small part to the “credit crunch”. Following consultation, a mortgage possession pre-action protocol was introduced last November. Its much heralded design was to stem the rising tide of mortgage possession actions. The protocol is intended to ensure that the lender and borrower act fairly and reasonably with each other in resolving any matters concerning arrears, encourage more pre-action contact between the lender and borrower in an effort to reach agreement and enable efficient use of the court's time in the absence of agreement. Discusses who the protocol applies to, the obligations of lenders and borrowers and how practitioners should deal with the new protocol.
Landlord scores fatal own goal
Published Date: 16 February 2009
Author: Sandi Murdoch
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 105
Jurisdiction: England; Wales
Related Legislation: Landlord and Tenant Act 1954
Abstract: Estates Gazette, 7 February 2009: Contracting out of the Landlord and Tenant Act 1954 only applies to specific tendancies and it pays to know the rules.
Summary: Explains leases that are constructed out of the security of tenure provisions of Part II of the Landlord and Tenant Act 1954 are an important feature of the commercial property scene. It is vital to this sector of the market that the rules for contracting out are adhered to and that tenants do not inadvertently gain statutory protection. A fixed term that is defined as including a period of holding over is not a "term of years certain" and cannot be contracted out.
Best deals around
Published Date: 16 February 2009
Author: Dolf Darnton
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 102
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: Incentives to attract tenants are the order of the day as the commercial property sector suffers in the current recession.
Summary:
Explains, as turnover declines and businesses respond by reducing expenditure, landlords are offering greater incentives to attract tenants. The extent of these incentives will depend upon the level of demand and supply. However, the volume of surplus space in the retail sector is on the increase as the number of occupiers looking for new premises falls.
Lack of ideas for long-term recovery
Published Date: 16 February 2009
Author: Kay Booth and Laura Oliver
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 101
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: The government's bailout of some British banks has failed to fuel investment in the real estate sector.
Summary: Reports the government's intervention to provide £37bn to our beleaguered banks in exchange for a substantial stake in the banking sector. The question now is whether that state interest will affect the banks' attitudes to lending. This is particularly relevant in the real estate market, which has been hardest hit by the credit crunch as real estate values have dropped, banks have closed their doors to new lending and reports abound that former industry stalwarts have breached their banking covenants.
From gold to dust
Published Date: 15 February 2009
Author: Daniel Levy and Philip Freedman
Journal Name: Estates Gazette
Journal Date: 7 February 2009
Journal Citation: Estates Gazette, 7 February 2009, 98
Jurisdiction: England; Wales
Abstract: Estates Gazette, 7 February 2009: Leases often suffer in economic downturns, with tenants wanting to offload premises and landlords protecting their investment.
Summary: Explains news of planned store closures seems to be a daily occurrence in the current economic climate. However, where administrators have not been called in, the usual rules of the game still apply. Both tenants and landlords will benefit from a good understanding of these rules as the pressures on occupiers to reduce liability and on landlords to preserve their investments compete.
All knotted up?
Published Date: 9 February 2009
Author: Alison Morris
Journal Name: Tax Journal
Journal Date: 9 February 2009
Journal Citation: Tax Journal, Issue 967, 11
Jurisdiction: England; Scotland; Northern Ireland; Wales
Related Legislation: Finance Act 2001
Abstract: Tax Journal, Issue 967: Changes to land remediation relief are likely to result in less rather than more claims.
Summary: Considers proposed changes to land remediation relief. Finance Act 2001, schedule 22 provides relief for expenditure on the cleaning up of contaminated land. In summary, the relief permits a corporation tax deduction of 150 per cent for qualifying expenditure (of both a revenue and capital nature) on land remediation. Alternatively, a company with losses arising from qualifying land remediation can opt for a tax credit of 16 per cent of the unrelieved loss. The relief is only available where the land was contaminated at the time of its acquisition; contamination created or added to by the company does not qualify. Looks at proposed changes likely to be included in the Corporation Tax Act 2009, including, extending the relief to apply to expenditure incurred on treating land contaminated by Japanese Knotweed, radon and arsenic and targeting the relief more specifically at expenditure incurred on removing contaminants caused by previous industrial activity.
Property: Factual possession
Published Date: 9 February 2009
Author: William Byrne
Journal Name: New Law Journal
Journal Date: 6 February 2009
Journal Citation: 159 NLJ 185
Jurisdiction: England; Wales
Related Legislation: Limitation Act 1980
Related Cases: Alston & Sons Ltd v BOCM Pauls Ltd [2008] All ER (D) 312 (Nov)
Abstract: New Law Journal, Issue 7355: High Court re-examines the requirements for adverse possession, including establishing an intention to possess.
Summary: Discusses some of the uncertainties in adverse possession. The Limitation Act 1980, section 15(1) confirms that no action to recover land can be brought against any person after twelve years have expired from the date on which the right of action first accrued. Considers J Alston & Sons Limited v BOCM Pauls Ltd in which the High Court re-examined the requirements for adverse possession and looked to resolve one of the remaining uncertainties over what is required to have an intention to possess.
A winter of discontent in high places
Published Date: 8 February 2009
Author: Sandi Murdoch
Journal Name: Estates Gazette
Journal Date: 31 January 2009
Journal Citation: Estates Gazette, 31 January 2009, 115
Jurisdiction: England; Wales
Abstract: Estates Gazette, 31 January 2009: The Court of Appeal was kept busy in the last months of 2008 and overturned a number of property-related first instance decisions.
Summary: Explains a building used almost exclusively for commercial purposes is not a house for enfranchisement purposes. A right to re-enter for rebuilding and renewal allows extensive redevelopment. Special conditions of sale turn on their precise wording.
Enforcement of anti-social behaviour injunctions (part 1)
Published Date: 4 February 2009
Author: Justin Bates and Stephanie Smith
Journal Name: Journal of Housing Law
Journal Date: 1 January 2009
Journal Citation: [2009] JHL 18
Jurisdiction: England; Wales
Abstract: Journal of Housing Law, January 2009: Local authorities and other social landlords possess a wide range of powers to monitor, regulate and punish anti-social behaviour which occurs within their areas.
Summary: Seeks to clarify the procedure which underpins enforcement of antisocial behaviour injunctions (ASBIs) and the judicial principles which govern punishment for breach, in the first part of a two-part article. The second part will deal with some of the common problems which can arise in committal proceedings. Where a person fails to do that which a court has ordered him to do or disobeys a judgment or order prohibiting him from doing an act, the order may be enforced by a committal order.