Share on LinkedIn Tweet This Share on Facebook Share Tweet Share Property Newsletter January 2013 Dear ReaderWelcome to the January edition of the Property Newsletter. In this edition Lina Mattsson discusses the recent amendments in the Tenancy Deposit Scheme; she explains what is required by landlords and what happens when things go wrong. We also summarise four recent property cases and Emily Betts is interviewed in this month's "Hardwicke unrobed". What we have been up to... Sara Benbow has been untangling a web of trust arrangements between members of an extended family spread across the globe involving ownership of properties in England. Alastair Redpath-Stevens has been appearing before the LVT on service charge issues including a major estate redevelopment as well as representing a landlord in an appeal against an improvement notice. He has also been advising on commercial licences, the provisions about concealed gas flues and procedures for demolition and the removal of gas and electric meters. Laura Tweedy has been advising on the Party Wall etc Act 1996. Simon Allison has been in the Court of Appeal in a case concerning adverse possession of land at Heathrow Airport. Sadly for the other side, it turns out satellite evidence of (non-)occupation in such cases is pretty difficult to challenge! Lina Mattson has been considering the right of an equitable assignee to apply for relief from forfeiture and when a s168 determination of a breach of a lessee's covenant is required in relation to holiday homes. She has successfully argued that a person with (an alleged) equitable interest in a property, who is not a party to the mortgage, does not have standing under s36 of the Administration of Justice Act 1970, so could not prevent the mortgagee obtaining vacant possession. Dean Underwood finds himself back in the High Court, representing the respondent in her former landlord’s appeal against liability in an unlawful eviction claim. Andy Lane has been advising on a lease in respect of "exempt accommodation" and a local authority on a public services ombudsman complaint in respect of their handling of a disabled facilities grant process. Brie Stevens-Hoare has been considering the status for the purposes of registration of a right to collective enfranchisement after all the terms of the acquisition have been agreed or determined. She has also been exercising the grey matter considering when merger occurs or does not occur. Comment Lina Mattsson 31 days later: Failure to comply with s213 of the Housing Act 2004The Tenancy Deposit Scheme came into force on 6 April 2007. After the Court of Appeal handing down a number of controversial “landlord friendly” judgments on the meaning of ss213-215 of Housing Act 2004, Parliament amended these provisions by s184 of the Localism Act 2011. The amendments came into force on 6 April 2012. Since this date, there is a tough new world out there for unorganised or inexperienced landlords. Lina Mattsson seeks to set out what is required by landlords and what happens when things go wrong. Did you see? You may have missed... Hughmans Solicitor v Central Stream Services Ltd – CoA –  EWCA 1720Judgment creditor’s charging order over a property did not have priority over an earlier unregistered equitable interest in the property created by an agreement compromising legal proceedings where the judgment creditor acted and incurred the fees secured by the charging order. Davidsons Solicitors (a firm) v Nationwide Building Society – CoA –  EWCA 1626 A solicitor holding a mortgage advance provided by a lender held in trust for the mortgagee and breached that trust by handing over the advance before completion. The solicitor had acted honestly and reasonably, the loss had been caused by the fraud of an unconnected third party. Accordingly the solicitor would be relieved from liability under s61 of the Trustee Act 1925. Fineland Investments Ltd v Pritchard & Anor Ch D 7.12.12 Judgment that a contract for transfer of property was valid and enforceable. The contract was protected by unilateral notice and the unilateral notice release was given by Land Registry error. The registered proprietor executed TR1 in favour of a friend. There was no power to order a change in the register and the TR1, if valid, was subject to the contract. Tweedie v Tweedie & Souglides  EWCA Civ 1546An option granted the tenant and his successors in title the right to extend the term of a lease. A second deed of variation changed the extent of the demise. The second deed operated as a surrender and regrant. The proper construction of successors in title extended lessees, not simply those in occupation. The current lessee was not a successor in title to the original lessee given the surrender and regrant. Hardwicke unrobed - Emily Betts in profile Emily Betts What sports team do you support? Northampton Saints – nothing to do with the thighs!What was the last book you read? "The hundred-year-old man who climbed out of the window" and "Disappeared" by Jonas Jonasson.If you weren’t a barrister what would you be? An economist or a London tour guide, or maybe combining them would ensure I had work in good times and bad.What do you like best about being barrister? What do you like least? Like best – winning, like least – losing.What is your favourite telly programme ever? Strictly Come Dancing is my guilty pleasure.What would you put in room 101? Sniffing Contact us This edition of the Property Newsletter was edited by Brie Stevens-Hoare. If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team: Paul Horsfield, Senior Practice ManagerAnnabelle Lock, Practice ManagerTo find out more about our Property team and their work, visit the Property page on our website.