2016

Property Management Awards – Forsters Shortlisted for Legal Services Award

The Property Litigation and Residential teams began the festive season with aplomb by attending the Property Management Awards at Wembley on 1 December 2016.

How not to prepare CPSEs

Commercial Property Standard Enquiries ("CPSEs") - are pages and pages of questions and replies that are capable of sending even the most ardent insomniacs to sleep.

"Out with the old, in with the new…JCT"

Following the introduction of the JCT Minor Works Contract 2016 over the summer, the JCT has now published the 2016 Edition of the JCT Design and Build Contract.

Run Forsters Run!!

On Thursday 25 August Megan Wade, Ed Glass and Anthony Goodmaker from Forsters' Commercial Real Estate team took part in the 8th JLL Property 5k in Regent's Park. On a scorching night, with temperatures just shy of the 30 degree mark, our runners joined over 1000 other property professionals on the course.

Is planning permission required to amalgamate two flats into a single dwellinghouse?

Planning law is not clear on whether you need permission to amalgamate two or more separate residential units (i.e. flats) into a single dwellinghouse. This is unlike the position for subdividing a single dwellinghouse into smaller, separate residential units for which it is clear that planning permission is required.

Further company law changes implemented under the Small Business, Enterprise and Employment Act 2015

From 30 June, companies became subject to the requirement to file information regarding 'People with Significant Control' (PSCs) with their annual confirmation statement (which replaces the Annual Return). These measures follow earlier company law changes phased in under the Small Business, Enterprise and Employment Act 2015 (the Act).

Build me up (Buttercup): A Landlord can add another flat on top of an existing building, even where the leases appear to indicate otherwise

The recent case of Francia Properties Limited v Aristou & Others serves as, amongst other things, a timely reminder of the importance of a good understanding of the law when looking at lease clauses. In this case, the landlord of an eight flat building within a development wanted to put another flat on the roof.

Proposed changes to European Data Protection Law and the impact of 'Brexit'

On 14 April 2016, after four years of drafting and negotiations, the General Data Protection Regulation (GDPR) has been adopted at the EU level.

Forsters Finally Find Winning Formula as St. Bride's Triumph at Annual Cricket Day

There's a man in Liverpool who claims to have invented a game that in certain respects is a bit like cricket.

What he doesn't know is that for the last five years, Forsters have hosted a tournament for that very same sport.

Marlbray Limited v Laditi

The recent case of Marlbray Limited v Laditi raises interesting questions on the validity of contracts.

Mind the gap

Recent delays at the Land Registry in processing applications have posed a tricky question for lenders financing the acquisition of registered real property: on enforcement of an unregistered legal mortgage against an unregistered proprietor, would a lender be able to exercise its power of sale in relation to the legal title?

The case of Powell v Thomas - a salient lesson for cohabitees

The recent County Court case of Gareth Powell and Chloe Thomas once again highlights the importance of cohabiting couples formally documenting their financial arrangements in the event of a separation.

Paying to the Gallery - a cautionary tale for landlords

For a variety of reasons, including repair and redevelopment, landlords commonly carry out works to buildings whilst there are tenants in occupation.

Introducing The Alterations Protocol

Hot on the heels of the snappily named Protocol for Applications for Consent to Assign or Sublet (The Alienation Protocol), a group comprising several eminent QCs and solicitors have developed the similarly concise Protocol for Applications for Consent to Carry Out Alterations (the Alterations Protocol).

Trumped! Planning Seminar

Last Wednesday evening, the Planning team welcomed James Maurici QC and Sasha Blackmore of Landmark Chambers, together with 40 external guests, at a seminar to discuss a series of recent cases on the interpretation of planning conditions.

Lease or licence and the liability for Nuisance

The recent Court of Appeal case of Cocking v Waring, which centres around a dog's tenacious barking, has highlighted a key difference between entering into a lease verses a licence to occupy.

SDLT-V: Could this be the end for Homes Under the Hammer?

Property programmes are a staple of the television schedules in England and Wales and can often be used as a barometer of the residential property market.

Part Two - Recent changes to the law of penalties – and their impact on Liquidated and Ascertained Damages (LADs)

ParkingEye, in contrast, raised the issue of penalty clauses at a consumer level. ParkingEye managed a car park at a retail park offering free parking for stays of 2 hours or less with a fixed fee of £85 for parking in excess of that timeframe.

Part One - Recent changes to the law of penalties – and their impact on Liquidated and Ascertained Damages (LADs)

In short, a LADs clause provides that the contractor will pay damages to the employer if there is delay for which the contractor is culpable. The figure should be a genuine valuation of pre-determined loss, assessed at the time that the contract is entered into.

SDLT Changes for Commercial Property from Midnight on the 16 March 2016!

During the 2016 Budget, the Chancellor of the Exchequer, George Osborne announced the abolition of the SDLT slab rates for commercial property in England and Wales at midnight on the 16 March 2016.  This follows the introduction of progressive SDLT rates for residential property in December 2014.

PSC register deadline approaching!

Further to my last post on the subject (and to some slippage in the Government's timetable for implementation), the final guidance and draft regulations have recently been published.

An easy way up the property ladder?

In June 2015, Juliet Edmondson asked a sensitive and topical question on this blog: does every Englishman really need a castle?

Residential Management Disputes Seminar

On a cold and frosty February evening the great and the good of the residential property management scene descended on Forsters' offices at 31 Hill Street for the hotly anticipated Residential Management Disputes Seminar.

The curious case of Mr Lindley's carrots: liability for the cost of flood damage

In December 2015, Yorkshire and Lancashire saw some of the worst floods in living memory.  Described as "unprecedented" and even "biblical" by the press, the clean up costs have been estimated by insurance companies to be in the region of £5 billion.

Trump case sounds warning on planning conditions

A recent Supreme Court case involving Donald Trump's golf course in Aberdeenshire has the potential for significant ramifications in how conditions attached to planning permissions are interpreted.

Courts have confirmed that your bank is under no duty to advise on hedging. Borrower beware!

Hedging interest rates under floating rate loan facilities are commonplace in real estate finance transactions.  Whilst they tend to run alongside the initial transaction the commercial arrangements are often discussed and put in place directly between the borrower and bank without involving lawyers or other advisers.

Happy Birthday Robbie Burns!

Forsters took two tables at The Society of Scottish Lawyers in London's Burns Night Supper last Thursday. Hosted at The Brewery on Chiswell Street, a tartan clad throng gathered to celebrate the 257th anniversary of the birth of the Bard of Ayrshire.

Residential Development at the Turn of the Year

Well 2015 was a busy, successful, and at times challenging year for the residential property industry.

This is particularly true of the new-build development sector, which has been at the forefront of recent press coverage.