Sun11192017

Last updateTue, 24 Feb 2015 5pm

Andrew Wade reviews the current position on signage and establishing prescriptive rights

In the 2016 case of Winterburn v Bennett, Richards LJ commented that:

Can a contract for the sale of land be enforced when one party has signed for another without consent? Rebecca Field and Amit Unadkat explain

An important judgment handed down by the Court of Appeal considered whether a contract for the sale of land was valid and enforceable where one party had purportedly signed on behalf of themselves and another, but without obtaining the requisite consent to do so and without the second party ratifying the contract.

Jeremy Stephen considers why s20 of the Landlord and Tenant Act 1987 is overdue for amendment

Consultations under s20 of the Landlord and Tenant Act 1985 (the Act) and its regulations have become a fact of life for landlords in the residential sector. However, the regulations which operate without too much difficultly in the more straightforward residential scenarios have become stretched in recent years.

Rachael Herbert examines recent decisions concerning the role that strategic environmental assessments play in the plan-making process, and the consideration of reasonable alternatives

There has been a spate of recent cases concerning the requirement for plan makers to consider ‘any reasonable alternatives’ as part of the plan-making process and the role Strategic Environmental Assessment (SEA) plays in how that should be approached.

John Starr discusses the lessons to be learned from forming oral contracts

I wrote recently about a case where the need for a properly documented construction contract was compelling (‘A minor matter?’, PLJ346, November 2016, p21). It was the case of Goldsworthy v Harrison [2016], where the parties’ failure properly to agree the terms of the contract between them meant that it was not clear what those terms were and, specifically, whether they included an adjudication clause. Without an adjudication clause, the contract fell within the residential occupier exception in s106 of the Housing Grants, Construction and Regeneration Act 1996 and adjudication was not available. As such, Goldsworthy’s attempt to enforce an adjudicator’s decision in its favour failed.

Will Densham and Kanchan Adik look at new energy efficiency rules and their impact on rent reviews

Rent review surveyors have been having a busy time over the past few years with rents continuing to rise. Rents are expected to continue to be higher than they were five years ago at lease grant or at the previous review for a few more years, depending on the impact of the UK’s decision to leave the EU and other global macro-economic influences from near and afar.

The current vogue for sub-letting has hit a hurdle in the courts. Henry Webb explains

Following the Upper Tribunal’s recent decision in Nemcova v Fairfield Rents Ltd [2016] there has been much commentary on the circumstances in which a lessee of a flat held on a long lease might be held to be in breach as a result of entering into an Airbnb sub-letting. In Nemcova, the particular covenant of which the lessee was held to be in breach prohibited use ‘other than as a private residence’.

Mark Bassett examines a case concerning the interaction between real estate transactions and the public procurement rules

In August 2016 the High Court gave its most recent judgment that is relevant to the application of the public procurement rules to real estate transactions. R (Faraday Development Ltd) v West Berkshire Council [2016] (Faraday) is the latest in a line that can be said to have begun with the well-known European Court of Justice case, Auroux v Commune de Roanne [2007] (Roanne). Roanne highlighted the relevance of public procurement to public authorities entering into development agreements (mostly local authorities) and resulted in an upsurge in development agreements being awarded in accordance with the public contracts regime.