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Articles under Residential property

Date: 14 May 2013

At your service? The thorny issue of service charges

As the housing rental boom continues, Sarah McLoughlin, senior associate in the property litigation team, looks at the thorny issue of service charges and highlights two recent court cases.

Date: 22 Apr 2013

Administration charge for sub-letting consent is reasonable

The Upper Tribunal (UT) has ruled that it is legitimate to levy reasonable administration charges (£165 in this case) on tenants to cover the costs entailed in granting lease assignments even where there is no provision for such charges in the lease

Date: 03 Apr 2013

Mortgage debt not regulated by Consumer Credit Act 1974

A couple who defaulted on their £500,000 mortgage have failed to convince the High Court that the loan is unenforceable by reason of the lender’s failure to comply with the safeguards contained within the Consumer Credit Act 1974.

Date: 05 Feb 2013

Developer who extended planning permission hit with demolition demand

When a developer built a block of 11 flats when he had only been granted planning permission to build nine, he was unable to convince the High Court that he should escape having to demolish the top floor of the building.

Date: 05 Feb 2013

The perils of unwary auction purchases

A High Court ruling has underlined the dangers inherent in purchasing property at auction without taking proper legal advice.

Date: 16 Jan 2013

Buy-to-let: a wise investment or a risky business?

The scarcity of mortgages, high house prices and reduced levels of savings are driving a rise in demand for rental properties as families put owning a home of their own on the back burner.

Date: 29 Oct 2012

Agreement set aside when obligations not met

When two young men who were friends and sometime business associates decided to buy a flat together in 1997, they arranged it so that the property was registered in the name of the one who had paid the larger share of the deposit.

Date: 24 Oct 2012

Date: 15 Oct 2012

Council not liable for tree roots subsidence

A property owner whose Victorian townhouse was severely affected by subsidence has failed to convince the Court of Appeal that the local authority and a housing association (the respondents) should be held liable to compensate her for the damage.