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Archive for November, 2007

“Curiouser and Curiouser”

“”Curiouser and Curiouser!” cried Alice”. And at times, we sympathize.

Look at the Court of Appeal’s decision in Scottish & Newcastle plc v Reguz (No. 2) [2007] EWCA Civ 150 which held that if rent is subject to review, the landlord must serve s17 notices under the Landlord and Tenant (Covenants) Act 1995 within six months of each rent day even though the reviewed rent is not ascertained and the landlord is unaware whether the present tenant will pay the increased sum, if any.

Consider those surveyors who disagree with the RICS dilapidations working party’s aim of avoiding exaggerated claims. The working party reminds members that landlords cannot claim the cost of works left undone when the landlord intends to conduct works which will render valueless the required works. Further, the working party supports the Property Litigation Association’s protocol which requires building surveyors to state they bear this in mind when drawing up the schedule. “That” say some surveyors “is a matter of negotiation”. No, it is the law.

Finally, stand and stare when first, the Government promises stamp duty land tax relief on the first sale of zero-carbon homes and then declares that the use of off-site renewable energy sources will not be eligible unless directly connected to the development concerned. Then secondly, quietly postpones the date when energy performance certificates are required for commercial buildings presumably because there are insufficient numbers of energy assessors.

News to you? If so, why not ask Hatherleigh Training to update you on the more curious side of the property world.