Welcome to this month’s update by Lexis®PSL Property! Highlights include:
1) Professional negligence and property searches
Orientfield Holdings v Bird & Bird in which the High Court upheld a claimant’s action for damages against its former solicitors
2) No benefits for beneficial owners
When is occupation of a property insufficient to establish an overriding interest and take priority over a mortgagee? We consider the case of Credit and Mercantile v Wishart.
3) The case of the “curiously drafted” service charge provisions…
We look at the case of Mark Skelton v DBS Homes (Kings Hill), in which the Upper Tribunal (Lands Chamber) provided a useful lesson in drafting and saved a landlord from inadequately drafted service charge provisions.
4) Tenancy deposits—penalty for non-compliance
We consider what is currently the only reported case - Okadigbo v Chan - which demonstrates the court’s approach to the amount of penalty a landlord must pay for non-compliance with the tenancy deposit legislation.
5) Also in this month’s update:
Summer Budget 2015; trusts of land - co-owner disputes; creation of public bridleways; misrepresentation in replies to enquiries; rights of beneficial owners; more cases on residential service charges; right to manage claim forms; and clarification regarding party wall procedures.
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Monthly Audio Highlights by LexisPSL Property (transcript)
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Sources mentioned in this month’s updates (linked items require a subscription to or free trial of LexisPSL):
Summer Budget 2015
The main points of interest in the summer budget were in the residential sector. Landlords are hit with their tax breaks being curbed—the main one being the cap on the amount they can claim on mortgage interest payments.
See news analysis: The Summer Budget 2015 for property lawyers.
Trusts of land: co-owner disputes
Bagum v Hafiz [2015] EWCA Civ 801
For more information see our news analysis: Trusts of land—courts have wide discretion.
Creation of public bridleways
R (Andrews) v Secretary of State for Environment, Food and Rural Affairs [2015] EWCA Civ 669, [2015] All ER (D) 26 (Jul)
For more information see our news analysis: Off the beaten track—new interpretation of powers to appoint bridleways.
Professional negligence - search results
Orientfield Holdings v Bird & Bird [2015] EWHC 1963 (Ch), [2015] All ER (D) 133 (Jul)
For more information see our news analysis: Professional negligence and property searches.
Misrepresentation and replies to enquiries
Thorp v Abbotts [2015] EWHC 2142 (Ch)
For more information see our news analysis: Sellers not liable for misrepresentation about nearby development.
Rights of beneficial owners
Credit and Mercantile v Wishart [2015] EWCA Civ 655, [2015] All ER (D) 64 (Jul)
For more information see our news analysis: No benefits for beneficial owners.
Residential service charges - unclear drafting
Mark Skelton v DBS Homes (Kings Hill) [2015] UKUT 0379 (LC)
For more information see our news analysis: The case of the curiously drafted service charge provisions
Residential service charge - definition
The Gateway Leeds Management v Naghash [2015] UKUT 0333 (LC)
For more information see our news analysis: Rent paid for gym, concierge office and CCTV was service charge.
Residential service charge - credit for grant
Edozie v Barnet Homes [2015] UKUT 348 (LC)
Oliver v Sheffield City Council [2015] UKUT 0229 (LC)
For more information see our news analysis: Landlord not obliged to give tenant any credit for works grant.
Right to manage claim forms
Miltonland v Platinum House (Harrow) RTM Co [2015] UKUT 0236 (LC)
For more information see our news analysis: Right to manage claim forms need not define appurtenant property
Tenancy deposits - penalties
Okadigbo & Anr v Chan & Anr [2014] EWHC 4729 (QB)
Khuja v Chowdhury [2015] Lexis Citation 133
For more information see our news analysis: Tenancy deposits—penalty for non-compliance.
Party Walls
Bridgland v Earlsmead Estates [2015] Lexis Citation 134, [2015] All ER (D) 65 (Jul)
See news analysis: Clarification regarding party wall procedures.
Source: LexisNexis Purpose Built
July 2015 Lexis®PSL Property Highlights
