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. This issue was highlighted recently in an unsuccessful appeal against the refusal of the Royal Borough of Kensington & Chelsea to grant a lawful development certificate ("LDC").
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. Perhaps understandably, this was vehemently opposed by the tenant of the top floor flat.
All the flat leases contained the following clause (the underlining is mine):
The recent case of Marlbray Limited v Laditi raises interesting questions on the validity of contracts.
Park Plaza Westminster Bridge Hotel is a 4 star hotel that offered 999 year leases on hotel rooms. Dr Mobolaji Laditi and his wife attended a sales launch, where Mr Laditi– but not his wife, Dr Olutola Laditi – signed instructions authorising the exchange of contracts on a hotel unit for £315,000 plus VAT. He also signed a contract on behalf of himself and his wife. The hotel's solicitors signed, and exchange took place on the day.
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 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.
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.
If you own the freehold of the property, and there is no lease to an occupier in place, then you are free to remove and sell it at will (unless Banksy drops his anonymity and claims the copyright).
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