June 2021 #388 – Law Journals

Queen’s Speech: Ground rent reform

The government’s proposal around leasehold ground rent reform has now taken shape following the Queen’s Speech. Mark Vinall, James Duncan and Ruth Barnes examine the proposals Developers (and freehold investors) will need to examine the dates on which their buyers’ contract to buy units off-plan, as compared to the commencement date of the Bill. In …

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The cladding crisis: Time is of the essence

With the number of leaseholders affected by the cladding crisis estimated at 4 million and counting, Ryan Didcock and Sarah Heatley of Forsters LLP explore what practical steps leaseholders and building owners should take if fire safety defects are identified in a residential high-rise building Depending on the age of the building, claims may be …

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Remote hearings: A review of practical tips, one year on

Harriet Holmes reviews the situation just over a year on, and provides some practical tips from the viewpoint of someone who has done several remote hearings, by telephone and video, of various lengths The need for proper and timely preparation for a remote hearing cannot be underestimated. The senior judiciary said, in March 2020, that …

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CVAs: Still in fashion

Following the New Look judgment, in which the retailer successfully defended a challenge to its CVA, Jonathan Dunkley provides his takeaways from a real estate perspective Since it was common ground that the CVA offered the compromised landlords a better return than they would achieve in the relevant alternative, the jurisdictional hurdle that there be …

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Lifting of rent recovery restrictions: Breaking the dam, or falling off the cliff?

As restrictions put in place at the start of the pandemic are lifted at the end of June, Mark Shelton considers the potential remedies currently available to landlords as well as those which could be introduced It seems plain that the corporate rescue culture will take primacy over the interests of landlords, and that many …

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Break clauses: A legal quagmire

Susanne Hinde and Ayesha Khan consider a case which reiterates the importance of clear wording when drafting break clauses Scullindale argued that the words ‘at any time’ in the break clause imposed an obligation on the council to serve a break notice ‘at any reasonable time’. It argued that the council had failed to serve …

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The Queen’s Speech: Planning, promises and priorities

While the detail on planning reform was brief in the Queen’s Speech, it provides a helpful guide to the government’s priorities for the future, says Stuart Tym, as he examines the specifics MHCLG has yet to figure out how to ‘square the circle’ between a desire to increase housing numbers, and reduce NIMBY-ism, and its …

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