Latest commentary
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FeatureCloud technology promotes more agility for conveyancing firms
Bronwyn Townsend, Senior Marketing Manager at InfoTrack, considers how technology can assist conveyancers with high volumes of work while social distancing restrictions are still in place
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Analysis
Disrepair or structural defect - what if works address both?
Jennifer Meech considers the recent Court of Appeal decision in The Mayor and Commonalty and Citizens of the City of London v Various Leaseholders of Great Arthur House [2021] EWCA Civ 431 and the implications that it may have for landlords and tenants of ex-local authority housing.
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Analysis
Commercial service charges – when are they reasonable?
Kate Andrews looks at the case of Criterion Buildings Ltd v Mckinsey and Company Inc. United Kingdom and another [2021] EWHC 216 (Ch) concerning the apportionment of service charges by the landlord in relation to the Criterion Building at Piccadilly Circus.
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Analysis
Service after death: solving a dilemma for property notices
Edward Francis looks at the Court of Appeal decision in Gateway Housing Association v Ali (deceased) , which has brought welcome common sense to a common conundrum around serving property notices after the death of a landlord or tenant
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Feature
A new lease of life: residential leasehold and commonhold reform
The Law Commission’s Professor Nick Hopkins, Oliver Hutchings and Penny Tridimas outline the commission’s proposals for reform of residential home ownership
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Feature
Managing client expectations around the stamp duty holiday deadline
The SDLT holiday has boosted the housing market, but increased pressure on solicitors to complete transactions before the deadline in March 2021. Peter Rodd and Sarah Dwight share advice on what you can do now to manage clients’ expectations
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Analysis
Friends with benefits? Identifying beneficial owners in complex structures
Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.
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Feature
Rent concessions during the pandemic: considerations for commercial landlords
Following the government’s ban on evictions of commercial tenants during the pandemic, Peter Robinson looks at what commercial landlords should consider when making concessions on rent and service charge
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Analysis
Rights of entry – or to a quiet life?
Edward Francis reviews a Court of Appeal case which re-examined the rules governing landlords’ rights of entry
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Analysis
How’s it looking? Grounds for refusing planning consent
Kate Andrews looks at the case of 89 Holland Park Management Ltd v Hicks [2020] EWCA Civ 758, where the Court of Appeal reviewed the grounds for reasonably refusing consent under a restrictive covenant.
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Analysis
Good covenants make good neighbours – objecting to landlord consent for another flat’s alterations
Jennifer Meech considers a difficult Supreme Court decision where a landlord had granted one tenant a licence to carry out works, contrary to an absolute covenant, and a neighbouring tenant objected.
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Analysis
Court of Appeal overlooks the case of Fearn & Others
Kate Andrews reviews a dismissed appeal concerning private nuisance between neighbours and the Tate Modern Gallery.
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Analysis
Do landlords exercising Commercial Rent Arrears Recovery waive their right to forfeit?
Jennifer Meech comments on a case that clarifies the position for landlords considering taking tenants’ goods to satisfy outstanding rent claims ( Brar v Thirunavukkrasu [2019] EWCA Civ 2032).
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Analysis
Licence to drain: Supreme Court grants relief from forfeiture to licensee
Relief from forfeiture may be granted to those with a possessory and/or a proprietary interest in the land, the Supreme Court has ruled.
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Analysis
Virtual reality – rating valuations based on imaginary tenants
The estimated value of an unoccupied property can be based on the general demand for similar properties in the area.
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Feature
The revised Code for Completion by Post – what’s changed?
Carl Brewin provides a personal perspective on some of the key changes in the revised code , and what they mean for both buyers’ and sellers’ solicitors
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Analysis
Line of duty: do landlords have a duty to inspect for property defects?
Jennifer Meech comments on a case that may impact how landlords carry out routine property inspections ( Rogerson v Bolsover District Council [2019] EWCA Civ 226).
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Analysis
Brexit: a continuing cause of frustration?
Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.
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Analysis
Restrictive covenants: breach now – apply later?
Jennifer Meech comments on an appeal case where the developer waited until after construction was finished to apply for a restrictive covenant to be discharged.
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Analysis
Take it easy: what qualifies as an easement?
Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.
