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07 March 2019 / Rawdon Crozier
Issue: 7831 / Categories: Features , Property
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Notes on a scandal: freeholders & medieval robber barons

In the first of a two-part series, Rawdon Crozier investigates ‘the Housing Act trap’…& plots a potential escape

  • Escalating ground rent clauses.
  • Ground 8 is not the only trap.
  • Might derogation from grant provide an escape?

Comparisons were being made between freeholders and medieval robber barons (see, eg Hansard 18/7/2000 col 246) long before ‘The leasehold mis-selling scandal’, which, by some estimates, left over 100,000 homeowners stuck with leasehold properties they cannot sell, primarily as a result of escalating ground rent provisions (although there are widespread complaints about hidden charges and other onerous lease terms).

Leaseholders feeling themselves thus afflicted, might well liken one particular side effect of escalating ground rent provisions—‘The Housing Act trap’—to being robbed by the baron and then flung into the dungeon sewer for good measure. However, as those familiar with films set in medieval castles know, the castle sewer can sometimes offer a means of escape. This speculative two-part article considers whether, through the

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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