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Property Newsletter - Issue 2

December 2018 - Issue 2

Welcome to our latest Property Newsletter, with our very best wishes for 2019

At Prettys, we understand the property market and the needs and requirements of our clients.  In response to these needs, we have integrated our expertise from our Construction Team, Commercial Property Team and Contentious Property Team to create a dedicated Real Estate team to become your ideal partners in all property- related matters.

In this edition Claire, Fiona, Graeme and Jen look at:

Our two guest columnists in this edition are Gavin Wood from Beckett Financial Services and David Scrivener from Ensors:

We hope you find these articles useful and if there are any topics or property issues you would like to see featured in a future edition of our newsletter, please do not hesitate to contact us.

commprop@prettys.co.uk

realestate@prettys.co.uk

www.prettys.co.uk

tel. 01473 232121

General Disclaimer

We hope you find our newsletter interesting but please remember that the articles in this newsletter are for general information only and do not constitute specific legal advice.  For advice on specific issues please do not hesitate to contact us.

Contents

Are you unwittingly committing a criminal offence in your property dealings? Claire Barritt looks at the risk of possible criminal offences in relation to common property management issues.

  An ordinary commercial property transaction between respectable parties is not the most obvious target when it comes to the investigating of criminal offences. But criminal offences do occur quite regularly where a property owner or tenant breaches certain statutory duties in cases where non-compliance ... Read more

Graeme Burslem reviews the recent Supreme Court decision in the case of Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd and another (2018) in relation to recreational easements

The facts of this case revolved around a dispute in connection with the lessees’ rights to use leisure and recreational facilities (including a swimming pool, gardens and golf course) that were granted in favour of a freehold timeshare complex within the grounds of ... Read more

Jen Rayner looks at a recent Stamp Duty Land Tax (‘SDLT’) change that will reduce the SDLT pay and file window for property transactions

  If you buy freehold or leasehold property or land in England you will be aware that there may be a SDLT return to file and tax to pay.  The current threshold for residential properties is £125,000 and for non-residential land and properties it ... Read more

Our guest columnist, David Scrivener, of Ensors looks at tax planning considerations when closing a solvent company.

  Company closures due to insolvency have been much in the news of late, but if a company is solvent and wishes to close down, how should it go about it? We deal with many situations where a company has reached this point and the ... Read more

Our guest columnist, Gavin Wood, of Beckett Financial Services Limited considers the potential advantages of Small Self Administered Schemes over Self Invested Pension Plans for small businesses.

  Many people are aware of self-managed pensions and how these are able to invest in many different assets, beyond just the insured funds offered by a conventional pension plan.  This allows investors to have more control over where and how the pension fund ... Read more

Thinking of buying a listed building? Our planning specialist Claire Barritt looks at looks at what works owners can do if they own a listed building.

  Many buyers are afraid that owning a listing building means there will be too many onerous restrictions that constrain the owner’s ability to improve or alter the property. However this needn’t be the case, although it is essential that specialist advice is sought ... Read more

Fiona Galloway looks at landlords’ obligations to enforce lessee’s covenants in residential leases.

  In the Court of Appeal’s decision in Duval v 11–13 Randolph Crescent Ltd 2018 the Court has confirmed that a landlord’s obligation to enforce a tenant’s covenants in a residential lease at the request of another tenant was enforceable. The nine tenants of the ... Read more

Claire Barritt

Senior Associate

e cbarritt@prettys.co.uk

t 01473 298335

Fiona Galloway

Solicitor

e fgalloway@prettys.co.uk

t 01473 298239

Jennifer Rayner

Solicitor

e jrayner@prettys.co.uk

t 01473 298363

Graeme Burslem

Associate

e gburslem@prettys.co.uk

t 01473 298220

 

 

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