Focus on section 121 of the Law of Property Act 1925
The ninth article in our series of monthly articles commemorating the centenary of the passage of the Law of Property Act 1925 is written by Julia Petrenko, Gavin Bennison and Kavish Shah.
Read More...Download: Focus on section 121 of the Law of Property Act 1925
Managers: Unknown to the Building Safety Act?
How do Section 24 managers and RTM companies fit into the key definitions in the Building Safety Act 2022? Two cases show the reluctance of the Tribunals to impose obligations under the Act to such entities. This creates what might be seen as overlaps and lacunas. However, there may be a policy reason for excluding such entities from various obligations.
Read More...Download: Managers: Unknown to the Building Safety Act?
Damages for the damnified? What DOES Law of Property Act s 104(2) mean?
Section 104(2) is frequently used to ease the conveyancing process when a mortgagee sells the security: it enables the mortgagee to pass good title to a purchaser even if the exercise of its power of sale is unauthorised, improper or irregular. The corollary of that power, the obligation to pay damages if a wrongful sale occurs, has, until recently, received little attention. This article high-lights two recent cases, explains what we can learn from them, and sets out some thoughts on the remaining unanswered questions arising out of this provision. Stephanie Tozer KC and Kavish Shah wrote this article for Butterworths Journal of International Banking and Financial Law.
Read More...Download: Damages for the damnified? What DOES Law of Property Act s 104(2) mean?
Building Safety Act remediation orders: some takeaways about directions and case management
Kavish Shah shares key take aways about Building Safety Act remediation orders, in light of recent experience in the First-tier Tribunal.
Read More...Download: Building Safety Act remediation orders: some takeaways about directions and case management
Landlord & tenant disputes: is compulsory arbitration coming?
COVID laid the groundwork for mandatory arbitration for commercial leases: could it now be on the way for landlord & tenant disputes more broadly? Edward Peters KC & Kavish Shah set out the advantages in an article for the New Law Journal.
Read More...Download: Landlord & tenant disputes: is compulsory arbitration coming?
