The Electronic Communications Code and removal of apparatus

In a case brought by a local authority, the Upper Tribunal has ordered the removal of telecoms apparatus for the first time. Jonathan Wills explains why. Read more

  NEWS

Jun 24, 2022

London borough High Court claim against PFI contractor over alleged fire safety failings ends in £19m settlement

Camden Council has received £19m in settlement of a High Court claim against a contractor who previously had responsibility for a council housing estate under a private finance initiative agreement (PFI) with the local authority.
Jun 22, 2022

Supreme Court hands down ruling on telecoms operators and code rights

The Supreme Court has handed down a ruling on how a telecoms operator who has already installed electronic communications apparatus on a site can acquire new or better code rights from the site owner.
Jun 09, 2022

Government to extend Right to Buy to 2.5m tenants of housing associations amid concerns over potential loss of social housing and legal barriers

The Prime Minister, Boris Johnson, has today confirmed that the Right to Buy scheme will be extended to two and a half million tenants who rent their homes from housing associations.
Jun 06, 2022

Supreme Court grants council permission to appeal in key case on charities and mandatory relief from business rates

The Supreme Court has granted Merton Council permission to appeal a decision of the Court of Appeal concerning charities' eligibility for mandatory relief from non-domestic rates.
May 26, 2022

Residents eye appeal after failure of High Court challenge to grant of planning permission for major roof extension

Residents who challenged the London Borough of Lambeth’s decision to allow a vertical extension to their block of flats are considering an appeal after a court heard that the effects of the building work on their lives was considered but not given weight.
May 20, 2022

Charity and law firm team up to produce guide on how PSED applies to parks and public spaces

Campaigning charity Make Space for Girls and law firm Weightmans have produced a Q&A on how the Public Sector Equality Duty (PSED) applies to facilities for teenagers.
May 19, 2022

TfL subsidiary fails in bid to have council defence struck out in £6m railway arch rent dispute

The London Borough of Hackney has successfully resisted an attempt by part of Transport for London to strike out its defence in a complex £6m dispute over rent for a railway arch.
May 13, 2022

Council caused purchaser injustice after supplying incorrect information on local land charges, Ombudsman finds

A district council has agreed to reimburse professional fees and pay £500 compensation to a man who was misinformed by it about the planning status of his property.
May 05, 2022

Campaigners send fresh pre-action protocol letter amid claims council offered no opportunity for public consultation over planned transfer of leisure centre site

A campaign group has sent a second judicial review pre-action protocol letter to Winchester City Council over plans to transfer the former River Park Leisure Centre and some of the surrounding land, including a skate park and an indoor bowls club, to Southampton University.
May 04, 2022

Supreme Court to consider rent repayment order regime and superior landlords

The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.
May 03, 2022

Five local authorities – including first Welsh council – join register of Local Land Charges operated by Land Registry

City and County of Swansea Council has become the first of the 22 Welsh local authorities to migrate its data to the register of Local Land Charges (LLC) run by the Land Registry.
Apr 26, 2022

Welsh landowner guilty of felling eight hectares of woodland in Area of Outstanding Natural Beauty

A landowner has been found guilty of illegally felling a large woodland in a Welsh Area of Outstanding Natural Beauty in what investigating officers called one of the worst offences seen in 30 years.

  FEATURES AND ANALYSIS

June 17, 2022

Social Housing Decarbonisation Fund: Five ways to prepare for Wave 2

Rubianka Winspear and Stuart Brown consider the steps landlords can take to prepare for Wave 2 of the Social Housing Decarbonisation Fund.
June 17, 2022

Real estate and ethical data use

Is consent the hallmark of ethical data use in a real estate context? Read the RED (Real Estate Data) Foundation discussion paper.
June 17, 2022

Driving regeneration

Public and private sector collaboration is key to driving regeneration and economic growth, write Dan Hargreaves and Kirsty Black.
June 14, 2022

Commercial land development, contractual provisions and penalties

A claimant has succeeded in a High Court claim in restitution relating to commercial land development in Widnes on the ground that the contractual provision in question, which required payment of £240,000 to a council, was unenforceable as a penalty. David Nicholls explains why.
June 10, 2022

Service charges in the cost of living crisis

Doug Rhodes looks at the issues landlords face when seeking to increase service charges.
June 10, 2022

Regenerating the high street

Local authorities will be given rights to let vacant high street premises under new powers contained in the Levelling Up and Regeneration Bill. Michael Callaghan looks at the detail of the proposals.
May 20, 2022

Green lease terms: Court’s approach on 1954 Act renewal

How will the courts approach green lease terms in lease renewal proceedings brought under the Landlord and Tenant Act 1954? Lewis Couth and Paul Laverty looks at the lessons from a recent ruling.
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 MORE NEWS

Apr 20, 2022

Calls grow for social landlords to have full access to funds for building safety remediation

Social landlords that own tower blocks should have access to the Government’s new building safety fund.
Apr 12, 2022

Royal borough introduces planning order giving consent for solar panels on most Grade II and Grade II* listed buildings

The Royal Borough of Kensington & Chelsea is understood to have become the first in the country to introduce a new planning order that gives consent for solar panels on most Grade II and most Grade II* listed buildings without the need for individual listed building consent.
Apr 11, 2022

Upper Tribunal reinstates decision by council to list pub as asset of community value

The First-Tier Tribunal erred in law in a material manner when it allowed a pub operator’s appeal over a council’s listing of a pub as an asset of community value, the Upper Tribunal has ruled.
Apr 11, 2022

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial

A High Court judge has quashed the Secretary of State's decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.
Mar 31, 2022

Defendant establishes adverse possession of farmland owned by council

A small livestock farmer has succeeded in the High Court in establishing that he has adverse possession of land on which Milton Keynes Council wants to build a housing development.
Mar 29, 2022

Trowers & Hamlins advises council and special purpose vehicle on collaboration agreements creating 3,000 homes near HS2 interchange

Law firm Trowers & Hamlins has advised Solihull Council and Urban Growth Company on a set of collaboration agreements which are expected to bring forward the creation of 3,000 homes and 27,000 jobs in Solihull.
Mar 29, 2022

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements

The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.
Mar 17, 2022

Leaseholders and social housing tenants must not foot bill for building safety works: MPs

Too many leaseholders will fall through the cracks of “piecemeal measures” taken to protect them from the costs of building safety remediation, MPs on the Levelling Up, Housing and Communities Committee have warned.
Mar 11, 2022

High Court rejects challenge to decision by council not to take enforcement action in respect of alleged breach of planning control

A couple who claimed they were overlooked by a neighbour because the London Borough of Wandsworth failed to take enforcement action have lost their case.
Mar 08, 2022

Upper Tribunal judge named President of Property Litigation Association

Judge Elizabeth Cooke has been appointed as the new President of the Property Litigation Association (PLA), as Liz Peace CBE steps down from the role after a five-year term.
Mar 08, 2022

Claimants with High Court battle with council over whether road was “road to which the public have access”

A High Court judge has ruled against Isle of Wight Council in a dispute over a whether a road was a "road to which the public has access".
Mar 04, 2022

Scottish council tells football club not to allow player into its stadium

North Lanarkshire Council has written to Clyde Football Club to say that one of its players, David Goodwillie, should not be permitted access to the Broadwood Stadium, where it plays its home games, with immediate effect.
Feb 17, 2022

Report calls for more rights for communities in Wales over land and assets

Wales lags behind England and Scotland in the rights the public enjoy to identify assets of community value.
Feb 17, 2022

Resident ordered to pay £5k+ in fine and costs after council prosecution over untidy and overgrown garden

A local resident who failed to address the amount of rubbish and items in his overgrown garden has been ordered to pay more than £5,000 in a fine and costs, following a prosecution brought by Bromley Council.
Feb 15, 2022

Government threatens to shut out from housing market developers that refuse to act on cladding

The Government has unveiled measures that will allow it to block planning permission and building control sign-off on developments brought forward by those in the housebuilding “not doing the right thing” over the removal of cladding.
Feb 14, 2022

Former real estate partner at City law firm joins Davitt Jones Bould

Real estate lawyer John Condliffe, previously of City firm Hogan Lovells, has joined Davitt Jones Bould (DJB) as a partner after completing an MSc in Business Analytics at University College London, which included studying machine learning and big data.
Feb 10, 2022

Expert group issues interim report on e-signatures

Digital identities should be made available as a matter of priority to anyone who wants one to facilitate the uptake of electronic signing, the expert Industry Working Group on Electronic Execution of Documents has said.
Feb 03, 2022

Upper Tribunal rules on ability of councils to impose financial penalties on joint landlords for HMO offences

An Upper Tribunal judge has handed down a ruling on the ability of housing authorities to impose financial penalties on joint landlords for the offence of having control of an unlicensed house in multiple occupation (HMO).
Feb 03, 2022

Council withdraws decision to lease former leisure centre site to university after legal challenge threat

Winchester City Council has rescinded a decision to lease a former leisure centre site to the University of Southampton after receiving a pre-action letter from a local pressure group.
Jan 27, 2022

Council defeats appeal over status of former bus depot

No charitable trust was created when the London Borough of Brent bought a former bus depot for conversion to a community centre, even though charities were involved in the transaction, the Court of Appeal has found.
Jan 26, 2022

Four local authorities migrate local land charges to central register run by Land Registry

Four more local authorities have this month migrated to HM Land Registry’s Local Land Charges (LLC) Register.
Jan 24, 2022

Council agrees to reconsider decision to de-register common land around historic racecourse buildings after judicial review challenge

North Yorkshire County Council has agreed to reconsider its decision to de-register common land surrounding three historic buildings on Low Moor, Richmond, the site of a former horse racing track.
Jan 20, 2022

High Court rejects appeals over business rates and sham transactions findings

The High Court has dismissed appeals against a case brought by Cardiff City Council over shams designed to avoid business rates.
Jan 19, 2022

Decision by council leader to put brakes on housing development flawed and left resident "in limbo", says Ombudsman

A decision by the leader of Haringey Council to abandon a housing development after agreeing to purchase a private property on the earmarked land has been criticised as "flawed" by the Local Government and Social Care Ombudsman.
Jan 13, 2022

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land

A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.
Jan 10, 2022

Gove sets deadline for residential property developers to agree action plan for remediation of unsafe cladding

The Secretary of State for Levelling Up, Housing and Communities, Michael Gove, has given developers a deadline of early March to agree a fully funded plan of action including remediating unsafe cladding on 11-18 metre buildings.
Jan 06, 2022

Council secures continuation of High Court interim injunction over unauthorized development

West Berkshire Council last month won a continuation of an interim injunction preventing any further unauthorised development at the Lawrences Lane site in Thatcham.
Jan 06, 2022

Council facing potential legal challenge over planned transfer of former leisure centre site to university

Winchester City Council has been threatened with a judicial review by a local campaign group over its plans to turn over a former leisure centre site to the University of Southampton.

  FEATURES AND ANALYSIS

May 06, 2022

Permission for Holocaust Memorial quashed

Planning permission for a Holocaust Memorial and Learning Centre next to Parliament has been quashed by the High Court. Douglas Edwards QC, Meyric Lewis, Charles Streeten and Kate Olley explain why.
April 01, 2022

Urgent works and consultation requirements

The Upper Tribunal has considered a s.20ZA application for dispensation from consultation requirements following urgent works. Kimberley Ziya looks at the lessons from the ruling.
April 01, 2022

Considering complex development obligations

The Chancery Division has examined the detail of the parties' obligations under a development contract to determine whether the obligations of one party had been breached as alleged by the other party. Lawyers at DWF analyse the ruling.
March 11, 2022

Not all caravans are the same

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation.
February 18, 2022

Heat Network regulation on the horizon

With market regulation looming, what does this mean for new and existing heat networks and how can local authorities and landlords prepare? Hannah Giebus explains.
February 11, 2022

Knotty no more

The latest guidance from RICS provides a common sense approach to knotweed, writes Polly McBride.
February 11, 2022

The revival of injunctions against persons unknown

Michelle Caney explains the key developments leading up to a recent Court of Appeal judgment on final injunctions against 'newcomers', and analyses the ruling's effect and the implications for future cases.
February 04, 2022

Duties of care, highways authorities and occupiers of land adjoining the highway

The Court of Appeal recently considered whether claims under the Occupiers' Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.
February 03, 2022

Commercial leases and schemes of repair and insurance

Where a lease provides a comprehensive scheme of repair and insurance, the court will not imply terms to cover any gaps in that scheme. David Harris reports on a commercial property case involving a housing association.
January 28, 2022

Listing assets of community value

The High Court has ruled that a council’s refusal to list local sports field as an asset of community value was unlawful. Jenny Wigley QC analyses the judgment.
January 28, 2022

Practice Direction 57AC in practice

Marion Smith QC, Joe-han Ho, Ruth Keating and Philippe Kuhn examine the latest court ruling on PD 57AC.
January 21, 2022

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited

Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.
January 21, 2022

The Colston 4 and the listed building

Richard Harwood QC examines the relationship between listed building legislation and the decision to acquit the 'Colston 4'.
January 21, 2022

Council tax and ‘self-contained units’

Sarah Sackman and Aidan Wills report on an important Council Tax case on the test for a ‘self contained unit’.
January 14, 2022

Coronavirus (COVID-19) - implications for property

Lexisnexis analyse the implications of COVID-19 on property.
January 14, 2022

Shared ownership – reverse staircasing

Jonathan Jennings looks at what is involved where a shared ownership leaseholder wants to reduce their ownership share.
January 13, 2022

Court of Appeal cooks the (Canada) Goose

The Court of Appeal has allowed an appeal by 15 councils over whether final injunctions can be granted against ‘newcomers’. Ranjit Bhose QC and Wayne Beglan analyse the ruling.
January 12, 2022

The 'right to manage' and shared estate facilities

In a key ruling on the 'right to manage' and wider estate facilities, the Supreme Court has overturned the Court of Appeal's ruling in Gala Unity. Simon Allison and Kimberley Ziya consider the implications.
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