The Commercial Rent (Coronavirus) Bill: the Code of Practice

In the third article in a three-part series on the Commercial Rent (Coronavirus) Bill, Edward Blakeney and Mattie Green examine the accompanying Code of Practice. Read more
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  NEWS

Dec 01, 2021

Court of Appeal agrees to hear nitrate neutrality case

The Court of Appeal has given permission for an expedited appeal in the case concerning the impact of nitrates on new housing development in the Solent area.
Dec 01, 2021

City council to spend £26m+ on 371 properties in bid to tackle growing demand for affordable housing

Leicester City Council has unveiled plans to buy 371 new properties at a cost of £26.6m as part of efforts to address a growing need for affordable housing.
Nov 25, 2021

High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax

A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.
Nov 11, 2021

City ordered to pay almost double its valuation of CPO site but significantly less than sum claimed by landowner

Salford City Council must pay a landowner £5.6m after compulsorily purchasing its site, well below the £11.2m claimed but more than the council’s £3m valuation.
Nov 10, 2021

Government introduces Bill to ringfence rent debts built up following mandated business closures during pandemic

The Department for Business, Energy, and Industrial Strategy, and the Department for Levelling up, Housing and Communities have introduced the Commercial Rent (Coronavirus) Bill into Parliament alongside a new code of practice.
Nov 10, 2021

Monitoring officer advises council leader not to participate in vote on skate park development following complaint by lawyers behind judicial review challenge

The leader of Swansea Council has chosen not to debate or vote on a controversial skatepark development after receiving a complaint claiming he has a personal and prejudicial interest in the issue.
Nov 03, 2021

Personal trainer fails in Planning Court claim against decision by inspector over gym in garden

The High Court has dismissed all grounds advanced by a personal trainer who runs a gym in his garden shed in a planning dispute with the Secretary of State for Housing, Local Government and Communities.
Nov 01, 2021

Six local authorities in single month migrate to Local Land Charges Register run by Land Registry

Six more local authorities migrated onto HM Land Registry’s Local Land Charges Register in October, the highest number of councils to have joined in one month.
Oct 29, 2021

Regulator issues notice against council over failure to carry out housing safety inspections

The Regulator of Social Housing has issued a regulatory notice against Norwich City Council after the local authority was found to have more than a thousand overdue housing safety inspections.
Oct 28, 2021

Landmark barristers to appear in four Supreme Court property cases in five months

Property barristers at Landmark Chambers are scheduled to appear in the Supreme Court representing clients in four separate cases in the coming months.
Oct 21, 2021

Major provider of social housing loses £3m High Court battle with council over application of community infrastructure levy

Social landlord Stonewater has lost a High Court dispute with Wealden District Council over a £3m bill for the Community Infrastructure Levy (CIL).
Oct 05, 2021

Law firm advises borough on deal to build largest film and tv production centre in London

Law firm Gowling WLG has advised the London Borough of Barking and Dagenham and its regeneration and development company Be First on an agreement with Hackman Capital Partners (HCP) to build London's largest film and TV production centre in Dagenham.

  FEATURES AND ANALYSIS

December 03, 2021

Service charge machinery and clauses for recovery of costs

A Court of Appeal judgment provides guidance for residential and commercial landlords on how service charge machinery and clauses for the recovery of costs are to be construed. James Fieldsend and Edward Blakeney analyse the ruling.
December 02, 2021

Empty white space in a data hall operated by an IT company forms part of a rateable hereditament

LexisPSL analyse a case in which empty white space in a data hall operated by an IT company forms part of a rateable hereditament
December 01, 2021

Purchasing properties bound by affordable housing occupancy restrictions

Following a homeowner’s Section 106 “conspiracy” claim, how can registered providers avoid risks when buying affordable housing? Suzanne Smith and Jennifer Eng explain.
November 26, 2021

The Commercial Rent (Coronavirus) Bill: moratorium on enforcement

In the second of three articles on the Commercial Rent (Coronavirus) Bill and the new Code of Practice, Edward Blakeney and Mattie Green look at the moratorium on certain remedies and insolvency arrangements.
November 19, 2021

Land led deals – what you need to consider

Land led deals are on the rise, with more registered providers taking the plunge. Katie Fung looks at the pros and cons.
November 19, 2021

Work sheds and CIL

One strong trend as a result of Covid has been the increase in the number of structures built in gardens to facilitate working from home. Many of the householders will not have considered the CIL (Community Infrastructure Levy) consequences of carrying through such a project, writes Christopher Cant.
November 19, 2021

The Commercial Rent (Coronavirus) Bill: A resolution to pandemic rent debts?

Edward Blakeney and Mattie Green look at the likely impact of the Commercial Rent (Coronavirus) Bill.
November 03, 2021

Updating the Land Registration Act 2002 – what reforms can we expect?

Joshua Griffin discusses the Government’s response to the Law Commission’s project on Updating the Land Registration Act 2002.
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 MORE NEWS

Oct 05, 2021

Bevan Brittan advises borough council on £7m purchase of town centre site

A team from law firm Bevan Brittan's London and Leeds offices has advised Worthing Borough Council on the £7m acquisition of a major town centre site.
Sep 29, 2021

Property specialist becomes fifth High Court judge appointed in September

A fifth new High Court judge – real property law specialist Edwin Johnson QC – has been appointed this month.
Sep 24, 2021

Council fails in bid for final injunction prohibiting defendants from anti-social behaviour in any public space in borough

A High Court judge has rejected an application by the London Borough of Hackney for a final injunction prohibiting a number of defendants until 13 September 2022 from engaging in various activities which were said to constitute anti-social behaviour and/or public nuisance in any public space in the borough.
Sep 23, 2021

MoJ sets up expert working group on electronic signatures

The Ministry of Justice has established an expert working group to seek ways to improve standards, reliability and security in electronic signatures and other means of legally executing documents.
Sep 21, 2021

Welsh Government to simplify planning and historic environment law as part of codes plan

The Welsh Government has launched a new programme to simplify planning and historic environment law, as part of a long-term plan to create Codes of Welsh law.
Sep 21, 2021

Court of Appeal to live stream contempt of court appeal next week from builder of “Britain’s biggest man cave”

The Court of Appeal will next week hear an appeal by a defendant found in contempt of court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Sep 20, 2021

SRA and county council secure funding for legal projects from Regulators Pioneers Fund

An Oxfordshire County Council project aimed at improving legal compliance in relation to unmanned aerial vehicle (UAV) services and trials and a Solicitors Regulation Authority (SRA) research project into enhancing legal access within local communities are amongst 21 projects to have received financial backing from the Department for Business, Energy and Industrial Strategy (BEIS).
Sep 20, 2021

Guidance issued on remote hearings and bundles in Business and Property Courts

The Courts and Tribunals Judiciary has issued guidance on practical measures that will – with the authorisation and approval of the Chancellor of the High Court and the Judges in Charge of the Commercial Court and the Technology and Construction Courts – remain in place until further notice, to assist the courts of the Business and Property Courts “to deal with their business as efficiently as…
Sep 16, 2021

Property transaction using Qualified Electronic Signature in Land Registry pilot completes in just 24 hours

The UK's first property deal using a technology that does not require a witness has been completed this week, taking 24 hours to complete.
Sep 14, 2021

Councils express concern about practicalities of implementing new fire safety legislation

The Local Government Association has said it welcomes the introduction of the Fire Safety Act and the Building Safety Bill and hopes they will be "an important step in the right direction", but has expressed concern about some of the practicalities of the implementation of new fire safety legislation for both resident safety and local authorities.
Sep 13, 2021

Leading planning, property and public law chambers set up mentoring scheme for under-represented groups at the Bar

Five sets of chambers that specialise in planning, property and public law – Cornerstone Barristers, Field Court Chambers, FTB Chambers, Kings Chambers and Landmark Chambers – have set up a mentoring scheme for underrepresented groups at the Bar.
Sep 10, 2021

Homes England 'revolutionises' procurement process with launch of new land disposal approach

Homes England has launched what it has called a "first of its kind" Delivery Partner Dynamic Purchasing System, which allows housebuilders to apply to join the agency's list of preferred developers on an ongoing basis, rather than having to wait until the list renews once every four years.
Sep 09, 2021

Council obtains injunction to prevent sale of Tudor overmantel from listed building

Stafford Borough Council has secured an injunction to stop a local auction house from selling a 16th century overmantel, thought to be worth a substantial sum.
Sep 01, 2021

District planning authorities in England issue fewest number of enforcement notices since records began

District planning authorities in England issued fewer than 3,000 enforcement notices in the year to March 2021, government data has revealed.
Aug 26, 2021

LGA calls for billing authorities to have ability to be parties to business rates appeals again

The Local Government Association (LGA) has said that billing authorities in England should have the ability restored to be party to business rates appeals.
Aug 26, 2021

City council threatened with legal action over permission for 55-storey tower accommodating students

Manchester City Council faces legal action over its decision to allow construction of a tower block of student accommodation in the city centre, it has been reported.
Aug 23, 2021

Parks body wins dispute over ownership of boathouse next to Serpentine Lake

The Royal Parks Limited (TRP) has won a dispute concerning the ownership of a boathouse and jetties located on the north west side of the Serpentine Lake in London’s Hyde Park.
Aug 19, 2021

Treasury guidance sees councils allowed to use Public Works Loan Board to refinance commercial property debt that would otherwise be ineligible for support

The Treasury is to allow local authorities to borrow from the Public Works Loan Board (PWLB) to refinance debt even when this has been incurred on commercial property projects now ineligible for the board’s support.
Aug 19, 2021

High Court dismisses claim that RAF pilots flew over holiday park deliberately

A holiday park owner has failed to convince the High Court that RAF officers flew noisy planes over his property in a deliberate attempt to intimidate him.
Aug 18, 2021

Historic England chooses four law firms for £2m legal services panel

Historic England has named four law firms to a £2m contract for advice on a broad spectrum of legal work.
Aug 16, 2021

Hull City Council formally adopts use of electronic seal

Hull City Council has become one of the first councils to formally adopt the use of an electronic seal.
Jul 23, 2021

High Court quashes decision to transfer land to community council in skate park dispute

Plans to build a new skatepark in Swansea have been delayed after the High Court quashed Swansea Council's (CCSC's) decision to transfer land earmarked for the £360,000 development to Mumbles Community Council.
Jul 13, 2021

Mayor of London to offer boroughs ‘Right to Buy-back’ funding to boost supply of council homes

The Mayor of London, Sadiq Khan, is to offer boroughs funding to purchase homes previously sold through the Right to Buy.
Jul 13, 2021

London borough secures possession order against groups camping on Clapham Common

The London Borough of Lambeth has secured an order for possession against occupiers camping on Clapham Common.
Jul 07, 2021

Experienced social housing and property practitioner joins Five Paper

Simon Strelitz, a housing and property practitioner with 20 years’ experience in the work undertaken by the Property Division, has joined Five Paper.
Jul 01, 2021

Government consults on more frequent business rate reviews

Business premises could be revalued for rating every three years instead of every five under Government proposals.
Jun 25, 2021

Strengthened local government Prudential Code to be published by end 2021: CIPFA

A strengthened Prudential Code, which aims to ensure local authorities’ financial plans are affordable, prudent and sustainable, will be published by the end of 2021, CIPFA has announced.
Jun 24, 2021

Owner persuades High Court to quash general vesting declaration made by city council over empty property

The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”

  FEATURES AND ANALYSIS

October 29, 2021

Progressing interim injunctions

A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against ‘persons unknown’. Roderick Morton looks at the challenges faced by local authorities.
October 22, 2021

Mineral rights: mudstone in mid-Wales

Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.
October 15, 2021

Recovering commercial rent during the pandemic

Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.
October 08, 2021

Interim and final injunctions: the differences

Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.
October 08, 2021

What now for public sector office buildings?

With the move to working from home, what will become of public sector office buildings? Amy Entwistle looks at the position in Scotland.
September 29, 2021

Practice Direction 57AC Trial Witness Statements in the B&PC

Matthew Hall and Geraint Wheatley discuss various issues relating to evidence in property cases.
September 24, 2021

Fixtures or fittings?

Although the facts related to a commercial dispute, the Technology and Construction Court’s recent approach to determining if something is a fixture or fitting applies across a range of legal areas, write Clive Adams, Stathis Kosteletos and Elena-Lucia Singleton.
September 17, 2021

You can never be too diligent - the issue of know your client

Paul Feild considers the risk to local authorities posed by money laundering and the importance of carrying out due diligence properly in their transactions.
September 17, 2021

Reversibility of works affecting heritage assets

The High Court recently dismissed a claim for judicial review of a decision to grant planning permission and listed building consent for a rear extension to a listed residential dwelling in Cambridge. Jack Parker explains why.
September 03, 2021

Electric vehicles and landowners – it’s time to get plugged in!

David Hobbs looks at some key issues for public sector landowners to consider when providing electric vehicle charging points.
August 27, 2021

Commercial leases and unpaid rent

Are we turning a corner? Priya Sejpal examines the Government Policy Statement on COVID-19 enforcement and rent recovery restrictions for commercial leases.
August 27, 2021

Fuzzy and uncertain boundaries

David Nuttall looks at the implications for the law of boundaries from a recent High Court ruling.
August 05, 2021

Overage agreements and competing dispute resolution clauses

The High Court recently granted an urgent injunction restraining an expert determination in a case involving a housing association where there were competing dispute resolution clauses in relation to an overage agreement. Lara Kuehl analyses the judgment.
August 03, 2021

Joint ventures: The benefits and implications for RPs and developers explained

Chimi Shakohoxha, Ryan Campbell and Rita Saadeh set out the benefits and implications of joint ventures between registered providers and developers.
July 30, 2021

Japanese knotweed and private nuisance

Jonathan Pennington Legh acted recently in a case concerning Japanese knotweed. Here he considers how the related legislation impacts landowners and practical steps you may like to consider.
July 23, 2021

Implementing a compulsory purchase order

Simon Bell considers the lessons for local authorities and claimants from a recent High Court challenge to a council's decision to execute a general vesting declaration.
July 13, 2021

When procurement law and contracts for interests in land meet

Colin Ricciardiello provides a case law update examining cases that have examined the overlap between a requirement to procure and a contract for the disposal of an interest in land.
July 09, 2021

Introduction of the Building Safety Bill

Lorna Kenyon offers some initial thoughts on the scope of the Building Safety Bill.
July 08, 2021

The New Model for Shared Ownership Lease: a decade of repair costs for landlords

Mark Foxcroft looks at the impact on registered providers of the 10-year repair-free period under the Shared Ownership model.
July 08, 2021

Electronic execution: how to save time and money sealing your property documents

A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration, writes Sandy Munroe.
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