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Updated Insolvency Code of Ethics: what do insolvency practitioners need to know?
Jenny Higgins
It is not unusual for tenants of apartments to be directors of the company that owns the freehold of their building. Sometimes tenants choose to become directors, sometimes they are required to do so by the contract when they purchase the property. In either event it would be sensible to take legal advice before agreeing to be appointed as a director.
A recent high court decision has rejected claims that a neighbouring viewing platform amounted to nuisance and an invasion of privacy.
It is not uncommon to find old buildings in Central London relying on a secondary means of escape over adjoining property, based on an old Deed providing for a right of escape (sometimes mutual). It can be very difficult, especially post Grenfell, to make an old building compliant with a single staircase means of escape, if the secondary means of escape ceases for any reason. Firstly, it may not be possible (for e.g. the single staircase may not have sufficient capacity), secondly, the cost may be prohibitive and/or thirdly it may restrict the potential uses of the building in the future.
Imagine this scenario. You own a site which is ripe for development in a few years. There are a number of tenants who still have leases which don’t expire for between two to three years, which fits in with your development timetable. There was one vacant floor last year but you agreed to let that to a new small business tenant on a one year lease and since that tenant said they may want to stay longer, you agreed that they could have a right in their lease to renew for another year. You agreed a low rent as it was such a short term and saved you the business rates. You didn’t want to bother with solicitors so your agent just issued your standard short term lease and after a couple of amendments from the tenant, this was completed in a couple of days.
The Government has announced significant changes to the rules relating to the licensing of Houses in Multiple Occupation (‘HMOs’), which will take effect from 1 October 2018.
Jenny Higgins
Claire Wood
Nevin Rosenberg
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