Latest commentary – Page 2
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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.
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Analysis
Wild west partnerships: who owns what?
Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.
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Feature
Clawback in property transactions: what could go possibly wrong?
John de Waal QC offers a sneak peek into Hardwicke chambers’ new book on risk and negligence, by revealing tips on how to avoid risk in property transactions relating to overage.
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Analysis
In need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
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Analysis
Who pays for a property fraud? Determining liability post P&P and Dreamvar
Jennifer Meech outlines the facts of the recent high profile Dreamvar and P&P appeals
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Analysis
Granting the ungrantable: fencing easements after Churston Golf Club v Haddock
A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.
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Feature
Leasehold: a feudal system?
Sarah Dwight discusses the feudal origins of freehold and leasehold ownership and what the future of it may entail.
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Feature
Serving section 146 notices: get the timing right
Landlords must comply with contractual pre-conditions before serving notice on a tenant.