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The Law Commission has published its report on valuation in enfranchisement. James Carpenter examines its impact ‘Following consultation, the Law Commission intends to produce reports recommending reforms in relation to each aspect of the enfranchisement regime.’ On 9 January 2020 the Law Commission published its report on the ‘options to reduce the price of enfranchisement’. …
Continue reading "Leasehold enfranchisement: Spotlight on the Law Commission’s report"
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Sophie Stewart, Felicity Wimbush and Alexandra Jones outline the 2019 Community Infrastructure Levy Regulations and what this means in practice for developers, particularly in relation to section 73 applications ‘The 2019 Regulations apply to planning permissions granted on or after 1 September 2019 or CIL liability notices issued after this date.’ The Community Infrastructure Levy …
Continue reading "CIL and section 106: The latest changes to the regime"
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Ajoy Bose-Mallick considers trends in real estate finance as alternative lenders make up an increasing share of the market ‘Flexible funding solutions are desired by all borrowers but it is apparent that cracks have been developing. Some peer-to-peer lenders and bridging lenders have gone into administration and this has resulted in increased attention and questions …
Continue reading "Real estate finance: Tips for the alternative lender"
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In the first of two articles John Starr highlights five recent decisions of importance reached in the TCC ‘Clancy Docwra is a useful reminder to practitioners to ensure that all the building contract documentation ties together, so that all allocations of risk and responsibility actually achieve the desired result.’ As we enter a new decade, …
Continue reading "Construction focus: A year in construction cases"
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León Fernando Del Canto explains the tax risks that UK residents are facing in Spain, as the tax authorities investigate the legality of commonly used structures ‘In most instances, these properties were bought via double or triple international corporate structures (a relatively expensive avenue to take), where individuals were advised to create a shell company …
Continue reading "International investment: Clampdown in Spain"
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John Starr reports on two recent cases requiring a closer analysis of the payment provisions of the 1996 Act An adequate mechanism ‘Neither the application for payment submitted by CSL nor the payment notice issued by MW separated out the sums due in respect of construction operations from the sums due in respect of non-construction …
Continue reading "Construction focus: Construction focus"
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Tiffany Scott QC and Charlotte Black interpret the Supreme Court’s reversal of the unanimous Court of Appeal decision on the question of reasonableness in Sequent Nominees ‘The majority held that the courts below had treated the question whether consent had been unreasonably refused as effectively determined by an erroneous construction of the lease.’ In Sequent …
Continue reading "Interpretation of leases: An erroneous construction"
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Natasha Rees reviews a Court of Appeal judgment providing further clarification on the definition of a ‘flat’ ‘Although the premises on the sixth and seventh floors were intended to be used for residential purposes, at the relevant date they had not been used for that purpose and were not capable of such use.’ On 1 …
Continue reading "Leasehold enfranchisement: A purposeful approach"
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The Supreme Court has made the landmark move of extending the doctrine of relief from forfeiture to certain property licences. Annabel Heath and Clive Chalkley consider the case ‘The courts have previously fallen short of granting relief in cases where there is a mere contractual possessory right of land ie contractual licences granting rights over …
Continue reading "Forfeiture: Leases, licences and certainty"
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Richard Hosmer summarises the key cases of 2019 in the business rates sphere ‘In order to determine “the rent at which it is estimated the hereditament might reasonably be expected to let from year to year”, the valuation officer must imagine a hypothetical negotiation between a willing landlord and a willing tenant.’ Liability for non-domestic …
Continue reading "Business rates: The year in review"
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