It is sometimes possible, if you are a secure council tenant, to transfer your tenancy to another member of your family or to a partner. It will be stated in your tenancy agreement whether or not you have the right to transfer the tenancy to someone else. You can choose to transfer it whilst you are still alive (assignment) or after your death (succession), and there are various rules governing the process.
With a shorthold assured tenancy, the tenant has greater security of tenure and he or she cannot simply be evicted from a property. In this respect, an assured tenancy is different from others such as agricultural or business tenancies or those where the landlord is resident in the same property.
When vacating premises at the end of a lease, the maximum amount of the tenant’s liability for dilapidations under the dilapidations clause will be based on the difference in value of the leased property in its repaired and unrepaired states.
A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel of land. When the owner died, the property was divided according to the terms of her will. The consents which conveyed the land to the beneficiaries were unclear, however.
Landowners who wish to prevent their land becoming part of the public highway should take note of two recent decisions in the House of Lords.
Tenants have significant rights compared with occupiers of premises whose occupation is by virtue of a licence, so it is sometimes important
The law relating to covenants, easements and 'profits à prendre' over land is a relatively complex area given that such rights are common - the Land Registry has suggested that nearly two thirds of properties have some sort of easement over them and nearly 80 per cent have a covenant of some sort.
Following a recent ruling of the Court of Appeal, country landowners will have something to cheer about. The judgment means that hundreds of applications made by councils representing off-roaders and other users, for right of way over rural tracks, are likely to fail.
With the advent of Home Information Packs (HIPs), the appointment of an Ombudsman for Estate Agents (OEA), the laying down in statute of the duties of estate agents and the recent passing of the Consumers, Estate Agents and Redress Act 2007 (CEARA), a property purchaser might reasonably conclude that their interests are strongly protected under the law.
Attempting to settle a construction dispute by the use of an adjudicator often seems to create more problems than it solves
Construction Industry clients are reminded that the Site Waste Management Plans Regulations 2008 came into force on 6 April 2008.
Plans to update the conveyancing process in England and Wales have been ongoing since 1998
When there are problems relating to defects in premises that are let, the tenant will normally try to obtain redress through the repairing covenant.
Home Information Packs (HIPs) are now required for most residential properties put on the market, but the list of exceptions to the rule
Cases involving damage to a property caused by trees located on a neighbour’s land
Two recent cases have dealt with different aspects of damage to property and have provided clarification of the approach the courts will take.
The right of a tenant to buy his or her property (under the Leasehold Reform, Housing and Urban Development Act 1993) is now well known.
It is a well-established principle of English law that contracts involving land must be made in writing. However, that is not to say that just because an agreement relating to land is not made in writing, it is unenforceable.
The UK produces around 400 million tonnes of waste annually, of which approximately 72 million tonnes comes from construction sites. In an attempt to reduce this, the Government is introducing Site Waste Management Plans (SWMPs), which are due to become a legal requirement for the construction industry in England and Wales by spring 2008.
A council tenant who decided to buy a house but could not then keep up the repayments on the mortgage, leading in turn to the house being repossessed, was found to have made herself intentionally homeless.
A couple who fell foul of an old law applying to their property are faced with a bill for building repairs plus legal costs amounting to an estimated total of £400,000, following a reverse in the House of Lords.
The Government has confirmed that Home Information Packs (HIPs) are to go live on 1 June 2007, following their trial in several regions throughout the country. After that date, anyone who puts a house or flat on the market will have to supply prospective purchasers with a HIP.
Buying or leasing a commercial property today can become hassle free only when the buyer knows their property law well. Even they are not familiar with the latest news they need correct legal advice.
Recently, the newspapers have once again been featuring the plight of British people who have bought foreign properties (this time in Spain) only to discover that there are defects in their title, the ramifications of which can be catastrophic for the owners as their dream of a place in the sun turns into a nightmare.
It has for some years been a bit of an oddity that with the economy buoyant, quite generous reliefs from business rates have been available where commercial premises are unoccupied.