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Residential Property
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

This podcast is aimed a practitioners that have a property based practice and deals specifically with some developments in residential property. The podcast will review some recent cases and their likely impact. It will address issues of valuation of a tenancy in common for Inheritance Tax and a recent Court of Appeal judgment that will affect millions whose tenancy deposits should be protected by a Tenancy Deposit Scheme. The podcast addresses another yet another decision on oral conveyances of land, constructive trusts and proprietary estoppel and the compatability of demoted tenancies with the ECHR.

After completing the course you will:
  • Understand the valuation principles for IHT when a person holds a share in a tenancy in common;
  • Understand how the law on the protection of tenancy deposits has recently been interpreted in favour of landlords;
  • Have had a reappraisal of the law on what is necessary to create a constructive trust over an oral conveyance of land not complying with strict formalities;
  • Be aware of the importance attached to ‘certainty’ in such transactions;
  • Understand the relationship between Article 8 and possession proceedings against a demoted tenant.
Intermediate Difficulty: 3 of 5
Case Update
Sources and References:
  • Inheritance Tax Act s5, 161, 162(4);
  • Price v HMRC [2010] UKFTT 474 (TC);
  • Tiensia v Vision Enterprises Ltd and Honeysuckle Properties v Fletcher [2010] EWCA Civ 1224;
  • Housing Act 2004 Part 6 Ch. 4;
  • Harvey v Bamforth [2008] PLSCS 250;
  • Draycott v Hannells Letting Ltd [2010] EWHC 217;
  • Law of Property (Miscellaneous Provisions) Act 1989;
  • Stack v Dowden [2007] UKHL 17;
  • Yeomans Row Management v Cobbe [2008] UKHL 55;
  • Herbert v Doyle [2010] EWCA Civ 1095;
  • Manchester City Council v Pinnock [2010] UKSC 45;
  • Housing Act 1996 ss 143D(2), 143E, 143F.

Residential Property Law Update - November 2010 This podcast looks at 4 recent decisions from the courts that will be of interests to practitioners who have a property based practice. It includes a discussion on valuation of beneficial interests for IHT, deposits in residential tenancies, oral conveyances of land and demoted tenancies.

Podcast added: 24/11/10

Podcast last reviewed: 2011-09-26

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