2018 Guide to Residential Service Charges and Administration Charges

3 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Disputes relating to service charges and administration charges under residential leases of properties in mixed use buildings or blocks of flats are increasing as tenants become more aware of their rights and, in particular, the protection afforded to them by statute.

The Landlord and Tenant Act 1985 and the Landlord and Tenant Act 1987 set out most of the basic principles in relation to the recovery of these charges. In particular, a landlord can only recover amounts that are ‘reasonable’ and a tenant has the right to challenge the level of charge through the court or the appropriate tribunal.

This course provides a comprehensive review of a wide variety of service charge and administration charge issues, along with links to the relevant legislation and case law.

Once you have completed this course, you will be:

  • able to advise authoritatively on the inter-relationship between a landlord’s contractual rights and the statutory protection which is afforded to a tenant

  • able to advise authoritatively as to the issues that frequently confront landlords and tenants in relation to the operation of service charge clauses and the landlord’s right to charge for administration

  • fully up to date with the latest developments in relation to residential service charges and administration charges

Course dated January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn  here.

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2018 Guide to Neighbour Disputes

3 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Neighbours can fall out over a great many things. This course looks at some of the property-related causes of these disputes, with reference to updated case law and statute.

After completing this course you will be able to advise authoritatively in relation to rights, remedies and those instances where local authority intervention may be invoked across the following range of topics:

  • encroaching tree roots and tree branches
  • high hedges
  • the measured duty of care between neighbours
  • excessive or unauthorised use of easements, including reference to Fitzpatrick & Ors v Spencer (2017), Gore v Naheed (2017) and Shaw v Grouby (2017)
  • common law and statutory nuisance, including reference to Williams v Network Rail Infrastructure Ltd (2017) and Oldcorn and another v Southern Water Services Ltd (2017)
  • breach of restrictive covenants, including reference to Jones v Oven (2017)
  • interference with rights to light

Course dated January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn  here.

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2018 Guide to Problems with Property Contracts

3 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Property contracts can be tricky to get right. Does the contract contain all the relevant terms? Was it preceded by something which might invalidate it? Has it been properly executed? Can proprietary estoppel or a constructive trust save the day?

This course looks at some of the problems which can arise, and considers rights, remedies and practical steps which should be considered in relation to the following:

  • mistake

  • misrepresentations in preliminary enquiries (including reference to First Tower Trustees Ltd and another v CDS (Superstores International) Ltd [2017] EWHC B6 (Ch))

  • non-reliance clauses

  • contract races

  • the formalities for a binding contract and how to protect the contract (including reference to Rollerteam Ltd & Anor v Riley & Anor [2016] EWCA Civ 1291)

  • deposits (including reference to Eason v Wong [2017] EWHC 209 (Ch))

  • late completion and failure to complete

  • development agreements
  • VAT

  • the effect of the death of a contracting party

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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2018 Guide to Co-ownership & the Rights of Cohabitants

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Advising those who are buying a residential property as their home continues to be one of the commonest causes of claims against conveyancers. It is no longer sufficient to advise as to the differences between a joint tenancy and a tenancy in common. Instead, the parties must be advised to consider not only their current, but also their future, intentions.

And when a relationship breaks down, the parties need to know whether, and if so to what extent, they have any claim on the family home.

Once you have completed this course, you will be able to:

  • advise authoritatively on the current law of express and constructive trusts as it applies to both joint owners and sole owners who are cohabiting or who used to cohabit;

  • aware of other relevant factors, including the special rules which apply to engaged couples and the equity of exoneration

  • advise as to the issues that prospective buyers and their partners need to consider;

  • draft effective declarations of trust or cohabitation agreements which record the parties’ intentions and expectations as to beneficial ownership of the property.

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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2018 Guide to Boundary Disputes

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Establishing the true line of a boundary is a problem which bedevils residential and commercial property alike. In many cases the plans are, in the words of the Court of Appeal ‘worse than useless’, and practitioners must piece together the precise extent of the property from a variety of sources.

This course offers practical guidance in this complex area of the law, by reference to the latest case law. By the end of the course you should be able to advise authoritatively on:

  • the evidence needed to establish the true boundary

  • the relevance and effect of boundary agreements

  • the impact of the law relating to adverse possession

  • the potential for rectification of the register

  • the role of the Land Registry and others in determining boundaries

  • alternative methods of resolving boundary disputes

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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2018 Guide to Party Walls

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Neighbours (both residential and commercial) can often fall out over works which one of them is carrying out to jointly owned structures, or which appear to threaten the structural integrity of the other’s building. The Party Wall etc Act 1996 provides a statutory framework for resolving disputes of this kind. 

After completing this course, you will be able to advise authoritatively on:

  • when the 1996 Act is engaged

  • what the building owner needs to do

  • the adjoining owner’s rights (with reference to Heathcote and another v Doal and another (2017))

  • how disputes are resolved (with reference to Lea Valley Developments Ltd v Derbyshire (2017))
  • the adjoining owner’s remedies in the event of non-compliance

Course dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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2018 Guide to Private Rights of Way

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

Private rights of way continue to give rise to considerable arguments between neighbours and (to the frustration of the judiciary) costly and time-consuming litigation. This course examines the governing principles in relation to express and implied rights. Links to the source materials are provided. 

By the end of the course you will be able to advise authoritatively as to:

  • how to interpret express rights of way, with reference to recent cases such as Shaw v Grouby and another [2017] EWCA Civ 233 and Lea v Ward [2017] EWHC 2231

  • when a right of way might be implied;

  • how a right of way can be acquired by prescription (and what steps can be taken by a landowner to prevent this from happening), with reference to recent cases such as Welford and others v Graham and another [2017] UKUT 297 and England Environmental (Northern) Ltd & Anor v Arthur Jones & Sons (Contractors) Ltd [2017] EWHC 1903

  • problems which can arise out of the use of a right of way, eg excessive user, parking, erection of gates, disrepair (with reference to Kingsgate Development Projects Ltd v Jordan and another [2017] EWHC 343)

  • when and how a right of way can come to an end

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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2018 Guide to Property Notices - Validity and Service

1 CPD Hour

Competency/Learning Objective - Legal knowledge and skills

Mistakes as to form, content or service can invalidate a contractual or statutory notice, sometimes with irretrievable consequences. This course contains a clear and practical guidance in relation to the legal principles governing whether a notice is valid and whether it has been properly served. 

By the end of the course you should be able to advise authoritatively on topics such as:

  • when the Mannai principle is, and is not, available to save a defective notice

  • the problems created by the ‘registration gap’, including reference to Stodday Land Ltd v Pye (2016)
  • when a ‘substantially similar’ or even an ‘inaccurate’ notice will still be good

  • how to achieve good service, including reference to Southwark LBC v Akhtar and Stel LLC (2017) and Grimes v The Trustees of the Essex Farmers And Union Hunt (2017)

  • when waiver and/or estoppel may prevent a recipient from relying on a defect even where the Mannai principle will not excuse that defect

Course Dated: January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn here.

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