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(Some) relief for residential valuers Court of Appeal overturns Scullion decision

  • Squire Sanders Hammonds
  • -
  • United Kingdom
  • -
  • September 21 2011

In what will come as a welcome relief to residential surveyors (and their insurers), the Court of Appeal has now overturned the controversial decision of the High Court in Scullion v Bank of Scotland plc (ta Colleys) in which the High Court held that a residential surveyor owed a duty of care to a buy-to-let investor is respect of future rental yield

Actions may often be louder than words

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • August 3 2009

Whether a landlord has accepted a surrender of a lease will depend more on the landlord’s actions rather than its intentions or what it says

What’s in the pipeline for s. 30(1)(g)? The slippery case of Humber Oil Terminals Trustee Ltd v Associated British Ports

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • December 19 2012

The Humber Oils case explored the parameters of a landlord’s ability to rely on s. 30(1)(g) Landlord and Tenant Act 1954 (“ground (g)”

Personal break clauses: the impact of the Linpac mouldings case

  • Squire Sanders Hammonds
  • -
  • United Kingdom
  • -
  • June 21 2011

The recent Court of Appeal decision in Norwich Union and Pensions v Linpac Mouldings Ltd reinforces the principle that, once a tenant with the benefit of a personal break clause assigns a lease, in the absence of very clear wording to the contrary that break clause cannot later be exercised by the former tenant even if the lease is subsequently re-assigned to him

Without prejudice and rent review notices

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • August 3 2009

There is much that can go wrong with rent reviews but it may be thought that the easiest part of the process is starting it

Extending powers of sale Court of Appeal refuses to include missing words

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • September 28 2012

In the Court of Appeal decision of Cherry Tree Investments Limited v Landmain Limited, the Court considered the interpretation of a legal charge registered under the Land Registration Act 2002

The truth, the whole truth and nothing but the truth?

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • March 24 2010

In May 2008 the Property Litigation Association produced a draft pre-action protocol for the conduct of dilapidation claims

Misrepresentation: how far can a seller rely on the Standard Conditions of Sale to exclude liability?

  • Squire Sanders Hammonds
  • -
  • United Kingdom
  • -
  • September 21 2011

It is common practice for a seller of property to attempt to limit his liability for misrepresentation as much as possible

A licence to bill? The decision in Greene King plc v Quisine Restaurants and others

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • December 19 2012

In the current economic climate, landlords are increasingly likely to need to call upon guarantors to pay the rent of defaulting tenants under licences to assign

Supreme Court sanctions public recreation on private golf courses

  • Squire Patton Boggs
  • -
  • United Kingdom
  • -
  • March 24 2010

The Supreme Court has ruled in R (on the application of Lewis) v Redcar and Cleveland Borough Council and Another that where land which formed part of a golf course was also used by local residents for informal recreation (principally dog walking), the use by the public was sufficient to allow the land to be registered as a Village Green under the provisions of the Commons Act 2006 (the "Act"), thus creating permanent recreational rights for the public including, to walk dogs, picnic, fly kites, and play ball games