The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), introduced the right for tenants to request an extension on their existing tenancy. The Act gives eligible tenants the right to request a lease extension from their landlord with a payment of a premium and a peppercorn rent. There are two ways of obtaining…

A lease is an agreement, usually by way of a document in writing, which passes, affirms, or confirms an interest, right, or property and that is signed, witnessed, delivered and in some jurisdictions, sealed. This is commonly associated with transferring title to property, where an interest in the land or property is created, for a…

Typically, the conveyancing process will take around 8 to 12 weeks to complete (although it can be shorter or longer). We set out the various tasks and processes involved, and these are listed below. A Purchase Once your offer has been accepted on the property we receive the usual Memorandum of Sale from the estate…

As part of the conveyancing process we normally get asked by our clients why they have to answer further enquiries about the property they are selling when they feel they have already answered them, or they feel the question has such an obvious answer that it should not be asked in the first place. Clients…

As anyone who rents a property will know, private landlords owe a significant amount of duties to their tenants. These duties are particularly important in the context of possession, which can arise when a landlord requires the tenant to leave the property, but the tenant refuses. The most important duties are to comply with the…

A continuation of my article from last month about basement extensions. Having looked last month at basement extensions, the “other side of the coin” for the above legal expression (“cuius est solum eius est usque ed coelom et ad infernos” –  a conveyance of land includes the surface and everything below it as well as…

In the Private Client department our clients often ask us whether putting their home into the names of their adult children would be a good idea. This is usually due to concerns about costs of care as they become elderly and the idea that their home might be “taken” by the government for Inheritance Tax…

Or: Everything you wanted to know about basement extensions but never dared to ask 88 Tunis Road was (is?) a house laid out over three floors (ground floor, first floor and second floor) and a basement.  Subsequently a rear extension (to all three floors) and a patio were added. In 1991-1992 the property was divided…

The dispute between Chelsea FC and the Crosthwaites family highlights the risk of a developer assuming it can acquire a neighbour’s right to light by offering the neighbours suitable compensation. A developer must always remember that the primary remedy for infringement of a property right, including a right to light is, an injunction. Chelsea FC…

At Barrett and Co we often come across the issue of household pets and the incoming buyers may have to make a judgment call on whether they will purchase knowing that consent could be reasonably withheld. The High Court upheld an injunction requiring the defendants to remove their dog (Vinnie) from their flat in a gated…

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