Wed08232017

Last updateTue, 24 Feb 2015 5pm

Property Law Journal: May 2014

Douglas Rhodes considers the wide-ranging implications for property developers of the Supreme Court’s decision in Coventry v Lawrence

Courts take property rights seriously. If you breach another person’s property rights, you do so at your own risk. None of this has changed, but the recent Supreme Court decision of Coventry v Lawrence [2014] is a turning point in the evolution of the law on injunctions, the ramifications of which will take some time to be fully worked through.

Forsters LLP

Charlotte Ross examines a recent Scottish case regarding the refusal of consent to a proposed subletting, and looks at how the English courts would have decided the issues

In the recent decision of Burgerking Ltd v Castlebrook Holdings Ltd [2014], the Scottish Court of Session ruled on the meaning of ‘a respectable and responsible’ tenant. The case concerned a landlord’s refusal to consent to a proposed subletting, and the judgment provides guidance on what a tenant will need to provide in order to establish that a proposed sub-tenant or assignee is ‘respectable and responsible’, particularly where the proposed sub-tenant in question is a new company.

John Starr

John Starr reviews a case highlighting the importance of complying with any court procedures in construction cases

The opening words in the recent Technology and Construction Court decision in Lincolnshire County Council v Mouchel Business Services Ltd [2014] were:

Eversheds

Joanne Shaw discusses the salient features of the draft Code, focusing on those that are likely to be the most onerous to landlords and managing agents

The Royal Institute of Chartered Surveyors (RICS) has been commissioned by the Department for Communities and Local Government (DCLG) to prepare and publish the first edition of a draft consultation code and associated guidance for the private rented sector for landlords and managing agents (the Code). The aim of the Code is to promote best practice in the letting and management of residential property so as to achieve higher quality and safer environments within residential properties for tenants. This is coupled with an aim to try and promote flexible and more long-term leases for a sustainable rental future. In short, the Code provides residential tenants with greater protection and empowerment in respect of disputes, encourages more long-term letting, and also promotes a level of service that tenants should expect from letting agents and landlords. This is intended to empower tenants to negotiate and challenge landlords and agents who do not provide a safe environment for them to live. It should be noted that the Code does not apply to social housing.

Paul Weeks analyses whether the NPPF, two years after its introduction, has achieved its aims

The National Planning Policy Framework (NPPF) celebrated its second birthday on 27 March 2014.

Hugh James

Robert Phillips and Rebecca Rees look at the potential value of manorial rights and the requirements to protect them

The summer and early autumn of 2013 saw a surge in applications for registration of manorial rights in light of the impending October deadline for registration. Many took steps to register rights. Some estimates claim that up to 82,000 applications for registration have been made.

Emma Humphreys assesses some recent cases involving rights of way disputes

A person whose property has the benefit of express rights granted in a conveyance may usually feel reasonably secure about their ability to enjoy those rights. However, anyone who advises on such matters regularly will know that the terms of such rights are not always as clear as one might like and/or that difficult neighbours will always try to find holes to exploit or take an obstructive interpretation. Some recent decisions of the Court of Appeal have shown that such neighbours should think carefully before incurring costs on litigation.