Podcast Location:
Download it here [file size: 32.7 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
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 Difficulty: 3 of 5
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.
Tags:

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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