Last updateTue, 24 Feb 2015 5pm

Property Law Journal: December 2014/January 2015
Forsters LLP

Huseyin Huseyin delves into the issues to be considered when developing out unusual sites

Any competent developer should be capable of acquiring a greenfield site which is not subject to restrictions or covenants on title and successfully redeveloping for a decent profit.

Douglas Rhodes reviews the Court of Appeal’s decision in Phillips v Francis regarding the extent of a landlord’s obligation to consult its tenants on major works

Service charge consultation can represent a minefield for landlords and an opportunity for tenants. Phillips v Francis [2014] is the latest case which (following the intervention of the Court of Appeal) has made the obstacles of consultation slightly easier for landlords to navigate.

In the second of his two articles, Gavin Le Chat examines the promoter’s obligations and costs, as well as how to protect its share of the proceeds of sale

Part 1 ('Planning promotion agreements', PLJ326)

The costs and expenses incurred by the promoter in promoting the landowner’s property for development and obtaining a satisfactory planning permission will usually be paid by the promoter out of its own pocket, and will be reimbursed to the promoter out of the proceeds of sale following any sale of the landowner’s property.

Serle Court

Andrew Francis explains how the Convention can be invoked to help the weaker party protect its costs in David and Goliath situations

Imagine the following chain of events. Canchester is a large cathedral city extending over about 5 sq m. It has a university and a specialist science park with an emphasis on research into acoustic engineering and lasers. A large redevelopment is proposed for the centre of Canchester, extending over 10 acres. The bulk of the redevelopment is to replace unattractive post-war buildings constructed where property had been destroyed by bombing raids in 1941. Most of the historic buildings, including the market hall and Georgian houses, and shops near the cathedral will be retained within the scheme. But some will be demolished with listed building consent. The scheme is highly controversial. Planning consent is to be obtained by the developer (Magnum Developments Ltd), and it can be assumed that this will be accompanied by environmental impact assessments, conservation area consents and proposed section 106 agreements. Canchester City Council (CTC) owns part of the site and will appropriate its land for planning purposes and then lease back those parts required by Magnum for the redevelopment. CTC has indicated that, if necessary, it will override adverse rights under s237 Town & Country Planning Act 1990. Those affected by the redevelopment have formed an action group called Canchester Residents Against Redevelopment (CRAR).

John Starr

John Starr summarises a case concerning a dispute adjudication board, where the court required the parties to be bound to their contractually agreed terms for resolving a dispute

Construction contracts, like most other commercial contracts, generally contain dispute resolution clauses, that is to say clauses that govern how disputes arising under the contract are to be resolved. Usually, this involves a choice between arbitration and litigation as the preferred means of final resolution. Also, specific to construction contracts is the provision for adjudication as a temporary measure. Indeed, the Housing Grants, Construction and Regeneration Act 1996 (as amended) says that such contracts must include provision for adjudication or the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 will be imported.

Serle Court

In the fourth of his continuing series, Andrew Francis considers how rights of light can be overriden, their abandonment and remedies in case of dispute

Questions and answers: part 1

Questions and answers: part 2

Questions and answers: part 3

Questions and answers: part 5


Nerissa Hatcher reports on the complexities that can arise when a tenant decides to hold over at the end of a fixed term in the context of a recent case

Whether a lease is protected under the Landlord and Tenant Act 1954 affects the position of the parties at the end of the fixed term. While a protected tenancy can continue under statute and the tenant can seek a new lease, an ‘excluded’ or ‘contracted out’ lease will simply end when the fixed term expires.