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Professional landlords are well aware of the complexities they can face when giving notice to tenants that they require possession of the let premises. Because of the rather tortuous provisions of the Housing Act 1988 with regard to the giving of notice,...
When a family business is handed down and ownership is split between two or more members of the next generation, the result can all too often be discord. Normally, this can be resolved by one party buying out the other, but when this does not occur, the...
A recent decision of the Court of Appeal has emphasised the importance of the provision of good quality, relevant evidence in cases involving children. The case concerned a council's decision to place two children up for adoption against their mother's...
The Prevention of Social Housing Fraud Act 2013 makes the unauthorised subletting of a council property a criminal offence. The prosecution can be brought by the council concerned. Where subletting or parting with possession of the whole of the property...
When a woman transferred the lease on her Knightsbridge flat into a trust for the benefit of her two sons, the intention was to provide a benefit to them which would, over time, be free of Inheritance Tax (IHT). Such gifts are called 'potentially exempt...
When an estate is being administered, the administrator must meet any specific bequests in the will before distributing the remainder (the ‘residue’ in legal parlance) of the estate. However, it is by no means uncommon for the specific bequests...
A widely reported case has potential implications for those entrusted with the care or safety of others who delegate that responsibility – for example by the use of subcontractors. The tragic case concerned a boy who suffered brain injuries whilst...
If you have negotiated a divorce settlement and then find out that your ex-spouse has been less than open when disclosing their personal finances, the court will reopen the matter if there is sufficient evidence to do so. In a recent hearing, the court was...
When land has been used by someone who has no legal entitlement to use it for 20 years without interruption, an ‘easement’ can arise under the Prescription Act 1832 . In principle, an easement gives the legal right to continue the use...
When determining whether or not a claim for principal private residence (PPR) relief for Capital Gains Tax (CGT) purposes can be made when a property is sold, the exact nature of the arrangements can be paramount, as a recent case proves. The case arose...