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articles : property dispute resolution

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Housing Landscape - Spring edition 2013 - 27/02/13

Things rarely stand still in the housing market and 2013 is no different.  Our quarterly publication of Housing Landscape aims to help professionals in housing to understand key issues and to keep up with all changes in the market. Our spring edition of Housing Landscape is now available and ready for download.

Hammersmith v Monk - the rule lives on! - 04/02/13

In March 2002, Dacorum Borough Council granted a joint introductory tenancy to Mr and Mrs Sims which, in March 2003, became a secure tenancy. After alleged domestic violence Mrs Sims left the property with her children. In June 2010 Mrs Sims served a notice to quit on the Council.

Snow and delays in construction contracts: What you need to know! - 18/01/13

Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground.  While this may bring delight to children whose schools are closed, if you are an employer under a building contract, you may be wary of contractors seeking to blame delay on the current weather and claiming the extra cost of those delays under the terms of the relevant building contract. 

Housing and welfare update - Part 1: What are your legal options for dealing with rent arrears in light of the Welfare Reform Act 2012? - 27/11/12

Housing associations have been working hard for some time to prepare for the likely impact of the Welfare Benefit reforms, to be introduced from April 2013 onwards, on their businesses and on their customers.  In Part 1 of this update, we look at rent arrears possession cases, as these will need to be looked at more closely in view of the potential adverse financial impact on cash flow for housing associations. In Part 2 of this update, which will follow next month, we will look at recovering possession due to under-occupation.

The Growth and Infrastructure Bill - what changes will it bring - 30/10/12

The Growth and Infrastructure Bill, issued on 18th October, implements a number of the measures announced by the Government in September as part of its major planning and housing package.  The Government says the Bill will help the country compete on the global stage by cutting red tape which, it claims, is delaying new infrastructure and job creation, and discouraging business investment.

This article will look in greater detail at the first three measures that are intended to assist with bringing developments forward and that are giving rise to industry comment. 

New criminal offence of squatting in a residential building – what property owners need to know - 04/09/12

With effect from 1 September, a new criminal offence of squatting in a residential building comes on to the statute book under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This summary tells you all you need to know about the new offence, which has implications for all who own or manage residential and commercial property.

Telecoms masts - legal issues for NHS landowners - 31/05/12

The presence of telecommunications apparatus can be a major obstacle to a landowner’s ability to dispose of or redevelop its land. Most mobile operators enjoy statutory protection which makes it very difficult for them to be removed from sites. 

Department of Health disposal strategy – surplus land - 09/05/12

The Department of Health yesterday published its finding on the number of parcels of land declared as surplus or potentially surplus current held by NHS trusts.

Service critical NHS property transfers - 18/04/12

The Guidance issued by the Department of Health on 4 August 2011 states that aspirant Community Foundation Trusts, other National Health Service Trusts and Foundation Trusts (transferees) are to be given the opportunity to acquire the parts of the PCT estate deemed ‘service critical clinical infrastructure’. On 22 March this year, the Department of Health issued a draft Transfer Order (the Order) which is intended to effect these transfers.  This alert provides guidance in relation to this latest publication from the department .

NHS property company formally announced by Health Secretary - 26/01/12

After a long period of uncertainty we now know who will own the bulk of the PCT estate. Rumours have been circulating for some time that an announcement was imminent (reported in HSJ article dated 17 January regarding a leak of this announcement). The announcement was made by way of a ministerial statement from Andrew Lansley.

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