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Property Law Journal: 17 June 2013
DWF

Michael Green outlines how landlords and occupiers should prepare properties for the ban on R22

R22 is a common type of refrigerant still used in many air conditioning systems today. However, it is an ozone-unfriendly hydrochloroflurocarbon (HCFC) gas, and for this reason its days are numbered. Regulations will soon ban the use of R22, having important ramifications for both investor landlords and corporate occupiers.

Jennifer Chappell looks at the current legal process and suggests that legislative changes are urgently required to include commercial properties within the offence

Squatting has always been a contentious subject for discussion, whether you have been the unfortunate victim of squatters taking up residence in your house, or whether you have given support to a client, colleague or friend dealing with the legal process of evicting squatters.

Forsters LLP

Emma Gosling considers some recent cases

It has been an eventful year for residential service charge litigation. There have been a number of cases that have helped to clarify the law, and in some instances, changed our understanding completely.

Nabarro LLP

Anna Mullins sets out the lessons for valuers from the recent case of Webb Resolutions Ltd v E.Surv Ltd

In a market where repossessions are rising, we have seen an increase in the number of court cases relating to valuers’ negligence.

A successful challenge to the Environment Agency’s flood map zones has created huge opportunities for developers. Cameron Whitehead explains

For developers, land is king. The availability of viable development land is by its very nature limited, and in recent years developers have had to start looking a little harder and have become more creative in finding ideal sites for development. However, thanks to the recent decision by the Court of Appeal to uphold an earlier Queen’s Bench Division decision in the case of the R (on the application of Manchester Ship Canal Co Ltd and Peel Holdings (Land & Property) Ltd) v Environment Agency [2012] we may see swathes of land surrounding the multitude of canals in England and Wales suddenly become viable development land due to a change in flood risk designations. Additionally, this decision reinforces the recent Supreme Court case of Tesco Stores Ltd v Dundee City Council [2012] and may lead to a considerable increase in challenges to the decisions of public bodies by developers who are desperate to capitalise on prime development sites and are encouraged by the courts’ willingness to overturn the decisions of public bodies.

Richard Flenley and Joe Edwards review a case that indicates the court’s current stance on the repayment of sums on the valid exercise of a break clause

There has been a line of cases – most recently PCE Investors Ltd v Cancer Research UK [2012] and Canonical UK Ltd v TST Millbank LLC [2012] – which have held that, while dependent on the precise wording of the lease and the key provisions in question, to be able to comply with a condition in a break clause requiring payment of rent, if the break date falls between rent payment dates, the whole quarter’s rent is due and no subsequent apportionment is permitted.