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As restrictions put in place at the start of the pandemic are lifted at the end of June, Mark Shelton considers the potential remedies currently available to landlords as well as those which could be introduced It seems plain that the corporate rescue culture will take primacy over the interests of landlords, and that many …
Continue reading "Lifting of rent recovery restrictions: Breaking the dam, or falling off the cliff?"
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Susanne Hinde and Ayesha Khan consider a case which reiterates the importance of clear wording when drafting break clauses Scullindale argued that the words ‘at any time’ in the break clause imposed an obligation on the council to serve a break notice ‘at any reasonable time’. It argued that the council had failed to serve …
Continue reading "Break clauses: A legal quagmire"
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While the detail on planning reform was brief in the Queen’s Speech, it provides a helpful guide to the government’s priorities for the future, says Stuart Tym, as he examines the specifics MHCLG has yet to figure out how to ‘square the circle’ between a desire to increase housing numbers, and reduce NIMBY-ism, and its …
Continue reading "The Queen’s Speech: Planning, promises and priorities"
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Emily Holdstock and Joe May examine the recent decision of Waksman J in Balfour Beatty Regional Construction Limited v Van Elle Limited This judgment illustrates the very real tension between agreeing terms and conditions before works on site and the pressure often placed on parties to ‘get going’ Recent case law in the TCC has …
Continue reading "Construction focus: ‘Agree first and start work later’ – the perils of letters of intent"
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Felicity Wimbush considers the consequences of a breach of the Environmental Permitting Regulations and whether these are in fact a sufficient deterrent The EP Regulations are stringent and have severe effect; fines on prosecution are staggering and in the order of millions for large companies. However, this is clearly no longer a deterrent On 26 …
Continue reading "A guide to environmental permits: A valuable tool?"
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Megan Davies reviews the government’s proposals for lifting the protective measures introduced for commercial tenants during the pandemic What started out as temporary relief measures for commercial tenants has now been in place for over a year, and the government recognises that these cannot continue indefinitely Following the outbreak of the Covid-19 pandemic in the …
Continue reading "Landlord and tenant: Government consults on lifting commercial rent restrictions"
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Nicola Gooch investigates a High Court decision which invalidated a CIL liability notice issued two years and six months after the grant of planning permission The council could not rely on later provisions in the CIL Regulations to amend or replace the liability notice, as these all required a valid liability notice to have been …
Continue reading "Planning – CIL: My, what big teeth you have!"
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Nitej Davda and Elena Chrysostomou consider two recent High Court cases concerning commercial tenants’ liability to pay rent during the government-mandated lockdowns and their implications Master Marsh determined the ‘loophole’ argument did not stand up to scrutiny. First, what is clear is that the legislation made clear what was restricted and what was not restricted. …
Continue reading "Covid-19 – liability for rent arrears: A tale of two cases"
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Mark Pawlowski examines a recent case on the inter-relationship between proprietary estoppel and statute On appeal, Snowden J, agreeing with the trial judge, concluded that s2(1) was aimed at problems in the formation of contracts for sale of land, whereas an estoppel remedied unconscionability in the assertion of strict legal rights The recent High Court …
Continue reading "Informal agreements and estoppel: Formality no bar to estoppel"
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Jeremy Raj, Mark Clinton and Claire Petricca Riding of Irwin Mitchell provide an insight into how the industry can move forward from the ‘cladding crisis’ Some responsible developers came forward early in the process volunteering to remediate buildings they had constructed. Others have been less forthcoming, and positions have hardened as the extent of the …
Continue reading "Cladding: A way forward"
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