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Last updateTue, 24 Feb 2015 5pm

Property Law Journal: March 2017
Nabarro LLP

Edward Gamble discusses key factors to consider in a claim for relief from forfeiture for non-payment of rent

The ability to forfeit a lease to bring it to an end for non-payment of rent, or another breach of the tenant’s covenants, is a powerful enforcement tool for landlords dealing with tenant default.

Forsters LLP

Laura Williamson highlights the pros and cons of the proposed register for foreign property-owning companies

Disclosure of beneficial ownership for foreign companies that own property in England and Wales is a developing area of law to watch. The vast majority of UK companies (with some exceptions for listed companies where there is not the same concern about control) have been required to keep a register of people with significant control (PSCs) since April 2016 and, by June 2017, should have submitted their register to Companies House, where it will be made available for public view.

Trevor Ivory and Rebecca Buttle give an update on the use of CPOs

Compulsory purchase powers, the means by which the state can seize the land of private citizens, albeit in return for compensation, are by their very nature draconian. They have existed for centuries in one form or another, with the legislation that we have today originating in the railway building boom of the 19th century. The private companies that built the UK’s railway network were able to do so because they were empowered by private acts of Parliament to acquire compulsorily the land they needed. Since then, the prominence of compulsory purchase orders (CPOs) has waxed and waned in response to political and economic changes.

Martin Edwards assesses the ramifications of the new Electronic Communications Code for landowners

If you represent a landowner with plans to redevelop their land or buildings but part of their site has been let to a telecommunications operator for telecommunications apparatus, now is a good time for them to review their position as the law is about to change.

Jessica Parry explains the importance of expert evidence in business lease renewals

Flanders Community Centre Ltd v London Borough of Newham [2016] reminds property litigation practitioners of the importance of expert evidence in business lease renewals.

Dentons

Is there now a presumption that reasons be given for planning decisions, asks Jamie McKie

Within the last year, we have seen a surge of significant cases in which an absence of reasons being given for planning decisions has proved to be decisive. This happened despite the abolition in 2013 of the statutory duty to give reasons for the grant of planning permission. While the contexts have varied – ranging from delegated decisions, environmental impact assessment (EIA) development and planning committee decisions contrary to officer recommendation – the outcome has been the same each time: reasons for granting permission should be given.

John Starr

John Starr examines the form and content of notices

It is well known that construction contracts in this country are required by the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and Construction Act 2009) to contain an adequate mechanism for interim payments to the contractor. The JCT standard form building contracts all contain payment provisions that comply with the Act and, broadly speaking, have the following effects: