The government has proposed a new redress scheme for buyers of new homes including the creation of a New Homes Ombudsman. The government says the proposals are designed to give new home buyers somewhere to turn for help when things…read more
Part of flawed construction adjudication enforceable says court. Published October 2019
An error of law by a construction adjudicator did not prevent the good part of his decision being enforceable, the Technology and Construction Court (TCC) has decided. The case followed a dispute about the completion of a new hotel development…read more
Property Management firm fined for not belonging to a redress scheme. Published September 2019
A lettings agent has been fined £3,000 for failing to belong to an approved redress scheme for property management. Samson Estates was a member of the Property Ombudsman Scheme for its residential and commercial sales and lettings, but this did…read more
Complaints against architects soaring say law firm. Published September 2019
The number of complaints against architects is increasing year on year, according to a report published by law firm Kennedys. The firm’s findings suggest that complaints to the Royal Institute of British Architects (RIBA) increased 26 per cent between 2017…read more
Property owner wins £50,000 compensation for knotweed infestation. Published August 2019
A property-owner has won costs and damages of £50,000 after a surveyor failed to spot Japanese knotweed growing in the garden of the ground floor flat he was buying. Paul Ryb, who is one of the UK’s top visually impaired…read more
Swimming pool company fails in bid to claim on two years’ PI cover. Published Aug 2019
A swimming pool company has not been able to recover all the cost of fixing faulty pools after it reached the limit of indemnity on its professional indemnity (PI) insurance policy. Euro Pools was unsuccessful in a bid to have…read more
EU Agency fails to cancel London lease due to Brexit. Published July 2019
The European Medicines Agency (EMA) has failed in a High Court bid to have its £500m Canary Wharf lease cancelled due to Brexit. The court ruling will be welcomed by landlords who feared that other tenants would try to use…read more
Planning permission quashed in ‘extraordinary’ case. Published July 2019
Planning permission for three marquees has been quashed six years after it was issued in an ‘extraordinary’ court hearing. Normally planning permission needs to be challenged by judicial review within six weeks of it being issued. Wedding venue, Thornton Manor…read more
Risks of selling property at an undervalue to settle a debt. Published June 2019
Selling a property for less than it is worth to settle a mortgage debt could land the parties in court. Two recent cases show the importance of considering how to obtain the best price for a property. In McDonagh v…read more
Social houses may be demolished following restrictive covenant breach. Published June 2019
Thirteen social houses may have to be demolished after a developer deliberately ignored restrictive covenants on the land. The developer’s attempt to have the covenants waived retrospectively was thrown out by the Court of Appeal. Millgate Development built the properties…read more
