Latest commentary – Page 2
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AnalysisRights 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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AnalysisHow’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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AnalysisGood 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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AnalysisCourt 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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AnalysisDo 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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AnalysisLicence 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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AnalysisVirtual 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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FeatureThe 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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AnalysisLine 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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AnalysisBrexit: 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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AnalysisRestrictive 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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AnalysisTake 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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AnalysisWild 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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FeatureClawback 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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AnalysisIn 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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AnalysisWho 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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AnalysisGranting 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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FeatureLeasehold: 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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FeatureServing section 146 notices: get the timing right
Landlords must comply with contractual pre-conditions before serving notice on a tenant.
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FeatureDrafting overage provisions: consider all eventualities
Peter Reekie comments on Sparks v Biden [2017] EWHC 1994 (Ch), in which the High Court intervened to settle a dispute between a seller and buyer.