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Property legal updates

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Turbulent times bring landlords' remedies to the fore
In these turbulent economic times the remedies available to a landlord against a defaulting tenant are once again in the spotlight.
Date: 2008-11-14

HMRC confirms letting strategy is not abusive
Many house builders are finding they are unable to sell new dwellings in the current downturn, leaving them a stark choice.
Date: 2008-11-03

Adjudicators must give both sides a fair hearing
Less than 1% of adjudication decisions are not enforced by the Court. Recently the Court was asked to consider a new argument based on breach of natural justice, associated with the strict timetable required in adjudications.
Date: 2008-10-08

Change home ownership to help next generation
Householders are being urged to change the way they own their homes if they are to provide for their children.
Date: 2008-10-08

EPCs: Last minute changes and further guidance
1 October 2008 sees the implementation of Energy Performance Certificates for both commercial and residential property and from then buildings over 1,000m² occupied by public authorities and visited by the public must have a Display Energy Certificates.
Date: 2008-09-16

VAT update: house builders letting property
A new Information Sheet published by HMRC on 15 September 2008 contains a helpful relaxation in the way the clawback operates where a house builder temporarily lets dwellings before selling them.
Date: 2008-09-16

JCT Framework Agreement 2007 - 2 years worth of progress?
The JCT Framework Agreement, first published in 2005 in its binding and non-binding form was disappointing; has the introduction of the 2007 form addressed the concerns the initial form raised to make the new form worth using?
Date: 2008-09-09

RSLs crucial as government announces housing market kick-start
With the housing market in crisis, Registered Social Landlords (RSLs) find themselves well placed to play a key role in delivering government measures to get it moving again.
Date: 2008-09-05

Stamp Duty suspension welcomed for residential property to £175,000
Shoosmiths partner and head of direct conveyancing David Parton says suspending Stamp Duty on homes up to £175,000 will be welcomed by home buyers.
Date: 2008-09-02

Mediation - being unreasonable and maintaining privilege
Mediation has been triumphed as the way forward but what about when it fails? Do the costs consequences mean you should always take part even if you fail to actively participate and are the costs of mediation itself recoverable?
Date: 2008-08-08

Draft Construction Contracts Bill - how will the changes affect you?
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change?
Date: 2008-08-01

A possible letting strategy for house builders
In the current economic climate many house builders are faced with the problem of surplus stock. Holding on to the properties until the economy improves is not generally an option.
Date: 2008-07-31

Shoosmiths wins role in creating 21st century Wolverhampton
Shoosmiths is to offer wide ranging advice to the organisation formed to transform Wolverhampton into a successful 21st century city.
Date: 2008-07-28

Further concern for landlords after spate of boiler explosions
A new Safety Alert concerning solid fuel back boilers has been issued by the Health and Safety Executive after a spate of explosions, one of which led to a fatality.
Date: 2008-07-28

Partnership approach best for flood risk
The disastrous floods during the summer of 2007 caused an estimated £3 billion worth of damage and resulted in untold misery for many thousands of people.
Date: 2008-07-28

Residential property review heralds market reforms
The residential property market is making headline news and is under scrutiny. The recent report of the Carsberg Review of Residential Property made a number of recommendations which add to the issues under debate.
Date: 2008-07-25

Constructing Excellence - Does the JCT contract "tick the boxes"?
The JCT Constructing Excellence Contract 2006 is seen as a radical departure from the JCT's more "traditional" building contracts. However, will it be used used by developers in the private and public sectors?
Date: 2008-07-24

Beware of limitation clauses
The facts of the case below are a sobering example of how important it is to carefully check the terms and conditions when appointing a contractor or consultant.
Date: 2008-07-24

Home buying info gets greener
Residential developers are under an increasing burden to provide environmental information to consumers as part of the home buying process.
Date: 2008-07-24

Consumer Credit Act pitfall for shared equity schemes
The slow-down in the housing market is prompting developers to look for more innovative ways to encourage sales of residential properties.
Date: 2008-07-24

Shoosmiths wins HMV Group property work
The High Street's leading entertainment and books retailer has appointed Shoosmiths to provide advice on property acquisition, management and disposal, as well as on property disputes.
Date: 2008-07-15

Shoosmiths raises a glass to pubco win
Shoosmiths is to handle all leasing work for Marston’s Pub Company after winning a competitive pitch against several rival law firms.
Date: 2008-04-01

Proposed new tax on high-value residential property transactions
On 17 December 2007 the government issued a consultation document on transfers of “high-value” (£1 million or more) residential property using special purpose vehicles (“SPVs”).
Date: 2008-03-27

Executing documents - removing red tape
With effect from 6th April 2008, a company will be able to execute deeds and documents with the signature of only one director, attested by a witness.
Date: 2008-03-25

Green leases
It is clear that reducing the environmental impact of property is key to the Government’s drive to cut the UK’s carbon emissions. Energy performance certificates will be introduced across the commercial property sector to promote behaviour change.
Date: 2008-03-25

Reform of empty rates relief
From 1 April 2008 full rates will be payable in England and Wales on empty business premises once initial exemption periods have expired.
Date: 2008-03-20

Controlling property costs
Occupying commercial premises is a necessary evil for most retailers but there are some tactics which, if deployed, could add up to some substantial cost savings.
Date: 2008-03-19

Shoosmiths seven secure Switchback for client
A seven-strong team of Shoosmiths lawyers has helped secure a £9m office space deal for a leading South East investment client.
Date: 2008-03-18

Shoosmiths plots course through complex site purchase
Property specialists at national law firm Shoosmiths have completed a major acquisition for niche housebuilder Palace Homes.
Date: 2008-03-18

Using third party rights
The construction industry has long used collateral warranties to give contractual rights to third parties who have an interest in the development. The Contracts (Rights of Third Parties) Act 1999 offers an alternative means of providing those rights.
Date: 2008-02-28

Shoosmiths’ biggest, strongest team will jet to Cannes
National law firm Shoosmiths is preparing to send its biggest and strongest team of lawyers to the annual gathering of the property world’s movers and shakers, in Cannes.
Date: 2008-02-20

Residential landlords alert after scalded baby death inquest
Shoosmiths is urging residential landlords to heed warnings about the dangers of hot water systems after an inquest into the death of a severely scalded 10-month-old baby said the tragedy could have been avoided.
Date: 2008-02-06

Shoosmiths wins Moto commercial and property work
Following a panel review, motorway services operator Moto has appointed national firm Shoosmiths to its panel of advisors handling commercial contracts and property work.
Date: 2007-11-05

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Sean Burke

Partner
T: 08700 86 5030
I: +44 (0)115 906 5030
E: sean.burke@shoosmiths.co.uk