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Property Law Journal: May 2015

Mark Pawlowski explores the rules governing liability of joint tenants and their guarantors for rent under the lease

Where a lease is granted to more than one person, it may be important to decide whether they are liable to the landlord individually or collectively for the rent. Moreover, if a guarantor is made a party to the lease, are they guaranteeing the liability of just one or all the tenants named in the lease? If the guarantor discharges the liability to pay rent to the landlord, can they recover the amount from the defaulting tenants?

John Starr

John Starr examines collaborative working in the context of the Latham report, and the realities of the construction industry

Collaborative working (sometimes referred to as ‘partnering’) has been described as a system of agreed activities, processes and relationships intended to support and improve the delivery of a project. It can also of course relate to longer-term relationships, such as frameworks, joint ventures and term contracts.

Aaron Richardson reviews recent government attempts to limit the use of planning obligations

For years planning obligations have been used to secure mitigation to make development acceptable in planning terms. The government has identified the negotiation of planning obligations as one of the main causes of delay in the planning system. As a result, a number of measures have been introduced through legislation and guidance to limit their use and speed up their negotiation.

Stephen Bickford-Smith and Keith Shaw discuss a recent case which has brought a fairer approach to when injunctions will be granted

Mr Heaney owned the former Yorkshire Penny Bank building in Leeds. As a result of the High Court case of HKRUK II (CHC) Ltd v Heaney [2010], he established the precedent that the victim of an infringement of a right to light could now confidently look forward to obtaining an injunction for demolition of the offending part of the wrongdoer’s building (or extracting a substantial ransom payment for holding his hand). This was so even though in Heaney the victim, Mr Heaney, had taken no legal proceedings to stop the infringing works in progress, and indeed effectively forced the developer of the offending building to take the legal initiative. Mr Heaney’s building, now converted to offices and a function venue, had suffered what on most reasonable views would count as very little financial loss. Despite this, the court ordered partial demolition of the offending building, at a cost running into millions. The claim was later settled, and the demolition did not occur.

Forsters LLP

Hannah Kramer reports on a case that has highlighted the risk of a new public procurement exercise having to be carried out in the event of a ‘material’ variation to an agreement

Winchester City Council has been suffering turbulent times recently following the High Court’s recent decision on a judicial review application initiated by one of its own councillors (R (Gottlieb) v Winchester City Council [2015]).

Frank Orr looks at planning compulsory purchase orders in light of some of the findings of a Bond Dickinson report published in March, and comments upon the procedural reforms suggested in the recent government consultation paper

It has been a busy few weeks in the world of compulsory purchase. The government’s consultation paper on reform of the compulsory purchase order (CPO) process has been published (see www.legalease.co.uk/compulsory-purchase), together with draft revised circular guidance.

Fieldfisher

Emily Tetley-Jones investigates the Infrastructure Act, how it proposes to facilitate oil and gas exploration and production projects, and the difficulties with the compensation scheme for those affected by such projects

In 2010 the Supreme Court dismissed the appeal brought by Mohammed Al-Fayed’s company, Bocardo SA, against the Court of Appeal’s decision to award only minimal damages for trespass by an oil company which laterally drilled 800m under the appellant’s land without its consent.