Section 22 of the Law of Property Act 1925
The fifth article in our series of monthly articles commemorating the centenary of the passage of the Law of Property Act 1925 is written by Cecily Crampin and Imogen Dodds
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A suitable sanction? An for the New Law Journal (NLJ)
In an article for the New Law Journal (the NLJ) Caroline Shea KC and Cecily Crampin discuss what happens when statutory provisions governing enforcement of a regulated mortgage contract are not observed: a recent Supreme Court decision may provide some welcome guidance.
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I think my landlord is sanctioned – can I safely withhold rent?
Stephen Jourdan KC, Cecily Crampin, and Taylor Briggs look at the recent Celestial Aviation decision on section 44 of the Sanctions and Anti-Money Laundering Act 2018
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The Building Safety Act 2022: Certificates as evidence
The Building Safety Act 2022 has reconstructed the law on fire safety and structural issues for higher blocks of residential flats. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, Kavish Shah, Asphen Rajah and Richard Miller set out key issues of which property law practitioners should be aware under the BSA 2022.
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Duties imposed by The Building Safety Act 2022
The Building Safety Act 2022 does not directly impose many duties on landlords of non higher-risk buildings to do fire safety or anti-collapse works. Rather, the sources of such duties are: Landlord covenants in leases; S84 for higher risk buildings, where the landlord is an accountable person; and The Regulatory Reform (Fire Safety) Order 2005 (as amended) for fire-risks. Paul Letman and Cecily Crampin consider the sources of duties in more detail.
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Dattani & Anr v Rasheed & Ors
Knowledge of a Form K beneficial charging order restriction is not enough for a conveyancing solicitor to be fixed with a constructive trust or dishonest assistance liability in relation to the proceeds of sale. On 9 February 2024, Master McQuail gave oral judgment in Dattani & Anr v Rasheed & Ors striking out relevant paragraphs the Claimants’ statements of case against a conveyancing solicitor pleaded on the above grounds. Cecily Crampin appeared for the successful applicant.
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Triathlon Homes LLP v Stratford Village Development Partnership & Others [2024] UKFTT 26 (PC)
This was a decision given on 19 January 2024, is the first major case on remediation contribution orders under section 124 of the Building Safety Act 2022.
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Building Safety Act 2022: Safety Case Report Confusion: What is the status of s.85 of the BSA?
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi, Julia Petrenko, Daniel Black, and Kavish Shah set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 - Is there an obligation on landlords to pay for remediation costs?
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Crisis after the Crisis: Relevance of the BSA to RAAC
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 - Waking watches on reasonably incurred costs
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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The Building Safety Act 2022 – Procedural Issues with Remediation Orders
The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.
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Russian sanctions and court proceedings
Stephen Jourdan KC and Cecily Crampin discuss the High Court’s decision in PJSC National Bank Trust
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Property transactions and the register of overseas entities
Cecily Crampin wrote this article about the regime set up to ensure registration of overseas entities on the register of overseas entities maintained by Companies House, under the Economic Crime (Transparency and Enforcement) Act 2022. The deadline for registration is 31 January 2023. The article looks forward to the future, in particular the effect of the Act on sales of land by overseas entities, and when registration of dispositions remains possible despite the restriction on the property title entered to ensure compliance with the Act.
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Playing second fiddle?
Priority in mortgage receivership: Cecily Crampin, Tricia Hemans & Imogen Dodds examine distribution of funds & multiple receivers
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Building Safety Act 2022: what you need to know
The Building Safety Act 2022 came into force on 28 April 2022. Paul Letman and Cecily Crampin set out in detail what the different parts of the Act cover.
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When can I get possession? Can I get it forthwith?
Cecily Crampin and Thomas Rothwell consider the circumstances in which it is possible to obtain an order for possession forthwith by reference to the recent decision in Axnoller Events Ltd v Brake [2022] EWHC 459 (Ch)
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Remedying Fire Risks under a Service Charge Regime
Cecily Crampin and Mark Galtrey's article ‘Remedying Fire Risks under a Service Charge Regime’ for the Landlord and Tenant Review. This article was first published on 30 November 2020.
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A new Lease of life
Cecily Crampin & Tricia Hemans investigate reviving disclaimed property.
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Mortgage Claims by Assignee Mortgagees: Evidencing the Right to the Mortgagee’s Remedies
Cecily Crampin and Tricia Hemans on proving assignment of a mortgage and the assignee’s remedies as mortgagee.
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‘Writ the ground running’: Updates to the regime for enforcing possession orders
As the coronavirus crisis abates, and the general stay on possession proceedings imposed originally by PD 51Z and later CPR r.55.29 comes to an end on 23 August, claimants who have obtained possession orders, or obtain them soon after, will soon be able to enforce them. Cecily Crampin and Fern Schofield discuss in their latest article.
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Staying for further explanations
This article from Cecily Crampin and Imogen Dodds considers whether the new CPR 55.29 has changed the effect of the stay under PD 51Z. In particular, what is the test for its lifting? Is the test exceptional circumstances, as under PD 51Z? Does CPR 55.29 apply if the court has previously lifted the stay, perhaps without considering whether it was right to do so?
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Covid-19, the experience of remote hearings, and the future of litigation
Covid-19, the experience of remote hearings, and the future of litigation, Cecily Crampin discusses.
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The shape of things to come? California considers tenant right to terminate leases
The shape of things to come? California considering giving tenants a way out of their leases. Cecily Crampin and Julia Petrenko discuss.
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Fratton Way v Aviva Investors Ground Rent [2020] UKUT 111 (LC)
Cecily Crampin and Fern Schofield on the apportionment UT(LC) case Williams v Aviva. Way v Aviva Investors Ground Rent [2020] UKUT 111 (LC).
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The Scope of PD 51 Z: Court of Appeal decision in Marshall (acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another
On 11 May 2020 the Court of Appeal remotely handed down judgment in Marshall (acting by Mehmet Arkin as fixed charge receiver) v Marshall & Another [2020] EWCA Civ 620. Cecily Crampin and Julia Petrenko summarise in a short article.
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Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18: a change in the balance of power?
Cecily Crampin and Tricia Hemans give a short summary on the Duval decision and discuss the respective positions of landlord and leaseholder bound by it.
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Staying for clarification
Cecily Crampin and Julia Petrenko look at the developments in possession claims in the following article.
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Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today?
Oliver Radley-Gardner and Cecily Crampin on Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today?
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Receivership in the COVID-19 Crisis
Stephanie Tozer QC and Cecily Crampin on receivership in the COVID-19 Crisis.
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On the Receiving end
Receivers and possession, Cecily Crampin and Tricia Hemans suggest looking past the agency device. This article was first published in the New Law Journal on 22nd March 2019.
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The misty world behind Land Registration
For Land Registration, the misty world of what one sometimes might wish to describe as reality, should be of limited effect. Despite the aims of the Land Registration Act 2002, however, difficult cases remain. First published in Central London Lawyer.
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Elim Court RTM Company Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89
- New Court of Appeal Decision on compliance with Right to Manage statutory provisions under the Commonhold and Leasehold Reform Act 2002 - Non-compliance with the notice provisions is not fatal to the claim: not every defect, however trivial, invalidates a statutory notice
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Mortgage Possession
Mortgage possession and unfair relationships.
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