Residential Property Update - November 2010
- Podcast Location:
- Download it here [file size: 32.7 MB]
- Categories:
-
Residential Property
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- 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.
- Outcomes:
- 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.
- Level:
- Intermediate
- Classification:
-
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
