What is a flying freehold?


Every now and again in the course of conveyancing a “flying freehold” swoops in to panic a prospective buyer. Here is a brief explanation of what exactly it is, and what implications it may have in practice.

Purchasing the Freehold of a Leasehold House


If you own a leasehold house you may have a right to acquire the freehold, this right is known as enfranchisement.

Are you affected by any of the following changes to the Stamp Duty Land Tax?


When completing on the purchase of any property, Stamp Duty Land Tax may well be payable. It is important that the Stamp Duty Land Tax is considered when budgeting for a property purchase. From the 1st April 2016, Stamp Duty Land Tax has increased in respect of a purchase of a residential property, in the event that the purchaser already owns one or more properties.

Serving of Notices under a lease – Getting it wrong!!!


Most leases will contain various requirements relating to service of notices under the lease. Such requirements can include how notices are to be served, to whom notices are to be served, where notices must be served, and what should be contained in such notices. In some circumstances there are statutory rules relating to the service of notices.

Limitation- Keep your eye on the clock


Limitation is one of the first issues to resolve when considering bringing a claim and you should always discuss this with your solicitor in your initial meeting. It must be established right at the beginning whether the claim is “time-barred.”

Tenants’ Rights of First Refusal


The Landlord and Tenant Act 1987 (“the Act”) prohibits most landlords making a disposal (e.g. selling the freehold) without first offering the interest being disposed of to the qualifying tenants in the building. This applies to some residential and mixed use properties.

Settling Construction Disputes early and the effectiveness of the Pre-Action Protocol


The Pre-Action Protocol for Construction and Engineering Disputes (“the PAP”) is currently under review by the Civil Procedure Committee to potentially abandon the PAP altogether or for it to be made voluntary.

The Continued Iron Fist - Application of relief from sanction – the Denton Test


The recent decision in Pipe v Spicehaart Estate Agents Ltd [2016] EWHC 61 (QB) reveals the court’s strict application of the test enunciated in Denton v TH White Limited (The “Denton” test) in relation to application for relief from sanction.

The Increasing Battle Against Computer Hackers and the Dangers Posed to Clients


Over the last few years the legal industry has witnessed an increasing number of clients being subject to cyber attacks and having vast amounts of money stolen from them, which in a number of cases has been irrecoverable.

​My landlord is refusing to grant me a voluntary lease extension. What can I do?


One of the considerations a leaseholder may well have is how to go about extending their lease.