Restraint of trade – out with the old, in with the new

Written by Salina Lim.     In the recent case, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd [2020] UKSC 36, the Supreme Court has shed light on the law and questions posed in respect of contractual restraints which restrain the use of the land.   On 19 August 2020, in the case of Peninsula […]

Can you discharge or modify the Restrictive covenant, easement / right that is affecting your land?

Written by Jessie Cheow.     Creebray Ltd v Deninson and another [2020] UKUT 262 (LC) – Unsuccessful application to modify or discharge covenant.   Background   The applicant company, the registered proprietor of a vacant plot of land (Oldways) applied to discharge or modify a restrictive covenant pursuant to section 84 of the Law […]

High Court: GAGAs can be enforced!

To enter into a commercial lease, one of the requirements of a landlord giving their consent to assign the lease will normally be that the original tenant agrees to enter into an “authorised guarantee agreement”, or (AGA) with the landlord to guarantee the incoming tenant’s liabilities for the lease.   When the incoming tenant fails […]

Eviction Ban Now Over, Igniting Fresh Worry For Renters – But What Options Are Available?

The ban on evictions, which gave renting tenants some much needed breathing room during the lockdown period, has now been lifted meaning proceedings will be going to court for the first time since March.   In England, Wales and Scotland, landlords must give six months’ notice of eviction, which has increased from two months before […]

Lockdown divorce rates are sky high…and their affect on the property market is HUGE

Being in lockdown has been hard on all of us, but it has been even worse for couples who were already questioning the lifespan of their marriage. With the current rules keeping everyone cooped up at home, it can intensify an already volatile relationship.   Divorce rates since lockdown have seen a significant rise, and […]

Lowest rate of property transactions for over a decade! But how can you benefit?

HM Revenue and Customs (HMRC) presents monthly estimates of residential and non -residential property transactions in the UK and its constituent countries.   With the world so affected by the COVID-19 outbreak at the moment, we can tell by the recent reports that purchases are on a massive downward trend.   The Figures presented in […]

Renters Let off Unfeasible Fees!

A ban on letting agents and landlords charging their tenants extortionate fees was extended to all renters from 1st June 2020.   On 1st June 2019, many fees were banned for people taking on new tenancy agreements. This is known as the Tenant Fees Act 2019, and has now been extended to all renters in […]

Mortgage Lenders Introduce New Policies for More Flexible Routes for Buyers

The property market has been hit hard by the coronavirus crisis, but now mortgage lenders are beginning to introduce new measures to make things easier for people looking to buy or sell during this tough time. The aim is to reduce the amount of disruption caused to such transactions by COVID-19 in the coming months. […]

Moving house is possible once again – but how will it work with social distancing rules?

England’s property market will reopen from today with estate agents getting the green light from the government to start operating again.   Conveyancers and removals firms can also start operations again, and buyers and renters will be able to complete purchases and view properties in person. Surveyors are also allowed to enter homes to complete […]

Building Success from Disaster: Tomorrow belongs to the prepared

When the coronavirus struck and Boris Johnson placed the UK on lock-down on 23 March 2020, the UK’s housing market was left in total turmoil and potential sellers and buyers in the lurch.   Current government advice states that house viewings should be avoided. Recent guidelines issued by the Ministry of Housing, Communities & Local […]

Coronavirus and the housing market – is it best to hold fire on moving home?

Whether it’s buying your first home, moving to a new location or selling a property that you’ve wanted to get rid of for years, navigating the property market can be a massively stressful and financially significant experience.   With the added complications of the coronavirus, this process is now even more challenging; many people have […]

Subletting Chaos – what could go wrong without a landlord’s permission?

Like all areas of business, things do not always go to plan in the world of conveyancing. It is always important to know exactly what you are getting into, and what type of people you are dealing with before even thinking about entering into a contractual agreement.   This isn’t always as easy as it […]