News Property and housing Articles for: December 2001 Courtesy Butterworths

Saeed v Plustrade Ltd (CA).
Lease—Construction of lease—Whether right of lessee under long lease to park car on forecourt of premises having been infringed.
Wilson v Halifax plc.
Mortgage—Sale—Duty of mortgagee—Duty when exercising power of sale—Duty to take care to obtain proper price—Claimant alleging substantial undervalue of property on sale—Whether building society in breach of duty.
Interesting Times.
Considers the legalities of varying the rate of interest. (Solicitors Journal)
Tree Root Subsidence After Delaware Mansions.
Examines the consequences for claimants and defendants of the first House of Lords decision to consider the liability of tree owners for property damage caused by their trees. (Solictors Journal)
What is the National Land Information Service?
Explains the National Land Information Service (“NLIS”) and its role in transforming the conveyancing search process. Discusses the services on offer through NLIS and linking through to current in-house computer systems.
White v Chubb; Kasseer v Freeman; Hall v Ravenseft Properties Ltd (CA).
Landlord and tenant—Tenancy—Assured shorthold tenancy—Validity of notice served by landlord on tenant—Whether errors or omissions in notice affecting its validity—Whether date to be inserted in notice date of tenancy or date from which term to be created by it calculated—Housing Act 1988, s 20—Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988, reg 3(7).
Edward Ware New Homes Ltd v Secretary of State for Local Government, Transport and the Regions.
Town and country planning—Permission for development—Refusal—Appeal—Claimant seeking to construct development on brown field site in green belt—Local authority refusing permission—Secretary of State’s planning inspector dismissing claimant’s appeal—Inspector concluding prospect of significant reoccupation of land unlikely—Whether inspector in error.
R (on the application of Corus UK Ltd) v Valuation Office Agency.
Rates—Valuation—Industrial building—Amendment—Valuation officer wrongly calculating rateable value of building in 1991—Valuation officer retrospectively seeking to lower rateable value of building—Lower rateable value incurring claimants tax liability of £9m—Claimant arguing retrospective amendment unfair—Whether amendment unfair.
Yeomans Row Management Ltd v Meyric.
Landlord and tenant—Tenancy—Agreement—Construction of agreement—Respondent tenant refusing appellant landlord’s entry to conduct works or repairs—Appellant bringing action for possession of respondent’s flat—Appellant’s action dismissed by judge—Whether judge erring.
Belgravia Property Investment Co and another v Webb and another (CA).
Landlord and tenant—Forfeiture of lease—Arrears of rent—Effect on subtenancy of determination of superior tenancy—Subtenant to whom property being lawfully let—Tenant failing to pay ground rent and maintenance charges—Tenant seeking rent arrears from subtenant—Judge refusing to give money judgment against subtenant in respect of rent arrears—Whether judge in error.
Alternative Figures Add Up To Zero.
Challenges the recent compromise allowing alternatives to upward-only rent reviews.
*AIB Group (UK) plc (formerly Allied Irish Banks plc and AIB Finance Ltd) v Martin and another. (HL).
Mortgage—Debt—Repayment—Construction of standard form mortgage—Two mortgagors—Whether appellant liable for separate debts of co-mortgagor.
Public Trustee (Notices Affecting Land) (Title on Death) (Amendment) Regulations 2001.
Amend references to the Public Trust Office in the forms prescribed by SI 1995/3902 as a consequence of the Public Trust Office ceasing to exist.
Hazel v Hassan Akhtar and another (CA).
Landlord and tenant—Opposition to grant of new tenancy of business premises—Breach of covenant—Breach of covenant due to persistent delay in paying rent—Judge finding breach proved—Whether judge in error—Landlord and Tenant Act 1954, s 30(1)(b).
Shina v Secretary of State for Local Government, Transport and the Regions.
Town and country planning—Permission for development—Refusal—Claimant being refused planning permission for light industrial building—Planning authority considering development conflicting with policy guidance on parking and access—Claimant suggesting introduction of condition—Secretary of State’s inspector dismissing appeal against refusal—Claimant arguing inspector wrongly considering himself bound by guidance contained in circular and failing to carry out proper balancing exercise—Whether inspector failing to properly exercise his discretion.
Town and country planning—Permission for development—Refusal—Claimant being refused planning permission for light industrial building—Planning authority considering development conflicting with policy guidance on parking and access—Claimant suggesting introduction of condition—Secretary of State’s inspector dismissing appeal against refusal—Claimant arguing inspector wrongly considering himself bound by guidance contained in circular and failing to carry out proper balancing exercise—Whether inspector failing to properly exercise his discretion.
*Spring House Freehold Ltd v Mount Cook Land Ltd (CA).
Landlord and tenant—Lease—Construction—Clause in lease forbidding lessee to place goods outside demised premises—Whether clause operating to prevent lessee from parking motor cars on part of premises which had originally been open basement area but had since been completely covered by pavement lights at pavement level.
The Land Registration Bill.
Discusses how the Land Registration Bill will repeal the Land Registration Act 1925 and replace it with the most fundamental changes to conveyancing and land law since the reforms of 1925. (Commercial Property)
The Land Registration Bill.
Discusses how the Land Registration Bill will repeal the Land Registration Act 1925 and replace it with the most fundamental changes to conveyancing and land law since the reforms of 1925. (Commercial Property)
Century 2000 Enterprises Ltd and another v SFI Group plc (CA).
Landlord and tenant—Lease—Repudiation—Parties entering into agreement conditional on obtaining planning permission—Claimants applying for planning permission—Planning permission granted subject to condition—Defendant terminating agreement on basis that permission granted for development different to that agreed to—Judge holding defendant entitled to terminate—Whether judge correct.
Rhondda Cynon Taff County Borough Council v Watkins.
Possession—Land—Compulsory purchase—Compensation—Lands Tribunal assessing compensation—Claimant paying compensation into court—Whether claimant required to pay into court interest in addition to compensation to which owner entitled—Land Clauses Consolidation Act 1845, s 76.
Rhondda Cynon Taff County Borough Council v Watkins.
Possession—Land—Compulsory purchase—Compensation—Lands Tribunal assessing compensation—Claimant paying compensation into court—Whether claimant required to pay into court interest in addition to compensation to which owner entitled—Land Clauses Consolidation Act 1845, s 76.
Cutting v Secretary of State for Local Government, Transport and the Regions.
Town and county planning—Permission for development—Refusal—Claimant seeking planning permission to permit minor alterations to a grade to listed building—Local planning authority refusing planning permission—Secretary of State’s inspector dismissing appeal against refusal—Whether inspector’s decision disclosing any error of law.
Attorney General v Hyde and others.
Commons—Right of common—Extinguishment—Compensation for extinction of commonable rights—Trustees and committee of commoners applying compensation in purchase of pasture land—Land Commissioners approving resolution by trustees and committee of commoners creating trusts for grazing and sports purposes—Whether trusts created over land valid charitable trusts—Commonable Rights Compensation Act 1882.
RMC Aggregates (Eastern Counties) Ltd v Secretary of State for Local Government, Transport and the Regions and another.
Town and country planning—Permission for development—Refusal—Claimant seeking to relocate gravel extraction facility—Local planning authority refusing planning permission—Secretary of State’s inspector dismissing claimant’s appeal—Claimant contending inspector wrongly approaching provisions of local mineral plan—Whether inspector in error.
Demand and Supply?
Raises E-conveyancing questions that have yet to be resolved by the industry.
*BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd (CA).
Landlord and tenant—Covenant—Release—Assignment of lease—Statutory provisions providing mechanism for release of ‘landlord covenants’ and ‘tenant covenants’ on assignment—Whether personal covenants capable of being released under statutory provisions—Landlord and Tenant (Covenants) Act 1995, ss 8, 28.
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