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Susan Simpson and Rhodri Pazzi-Axworthy assess how an evolving class of rental accommodation creates legal and practical opportunities and obstacles for the real estate sector ‘For many residents who cannot or choose not to own their own homes, their main concern about PRS accommodation is insecurity.’ Build to rent (BTR) is the most contemporary trend …
Continue reading "Build to rent: Risk and reward for the private rented sector"
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As the courts continue to grapple with the issue of ‘appropriate assessment’ under the Habitats Regulations, Jamie McKie examines why this area has attracted so much attention and contemplates what lies ahead ‘Ascertaining the proper interpretation of these requirements has led to significant changes to legislation and policy.’ The ability of the planning system to …
Continue reading "Planning update: Appropriate assessment of habitat sites"
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Emma Gosling sets out the timeline on leasehold reform and the government’s latest proposals ‘Ultimately the Select Committee recommends that the government should “ensure that commonhold becomes the primary model of ownership of flats in England and Wales, as it is in many other countries”.’ The Office for National Statistics (ONS) recently reported that the …
Continue reading "Leasehold reform: The big picture"
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Rebecca Rees, Douglas Rhodes and Stuart Brown explain the government’s recently announced law reform proposals following the Hackitt Review ‘The government is proposing an entirely new regulatory system underpinned by a new competency framework, a new regulatory body and at least three new legal roles covering every residential building of six storeys or more in …
Continue reading "Building safety: Proposals for reform of the regulatory system"
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Michael Norris outlines judicial guidance on the reasonableness of non-reliance clauses, and points to consider when attempting to limit a trustee’s liability to the assets of the trust ‘The judge at first instance concluded that while there might be arguments about which enquiry was the relevant one, there was a clear misrepresentation in relation to …
Continue reading "Non-reliance clauses: Draft with caution"
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John Starr reviews the ambit of bringing a challenge to an adjudicator’s decision based on jurisdiction ‘The judge was satisfied that Coleman Bennett… had positively admitted that there was jurisdiction by reference to the application of s104 of the Housing Grants, Construction and Regeneration Act 1996.’ Following the recent Court of Appeal decision in Bresco …
Continue reading "Construction focus: Jurisdictional issues in adjudication"
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David Manda and Ruth Ormrod report on the Court of Appeal case of Boyd v Ineos Upstream which has provided guidance on the controversial issue of bringing injunctions against ‘persons unknown’ ‘The court discharged those injunctions that purported to prevent unknown people from taking part in protests which may affect Ineos’ suppliers, because they were …
Continue reading "Injunctions: A workable remedy"
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A recent case concerning the validity for contracting out of a number of leases raised points regarding authority as well as wider issues, as Kevin Manley finds out ‘In the court’s view, TFS’s solicitor’s job was to do all that was necessary to give effect to the deal as outlined in the heads of terms, …
Continue reading "Commercial leases and contracting out: A question of authority"
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Jamie Key considers a case highlighting the importance of noting the terms of the underlying contract and its limitation period when bringing a claim for breach of warranty ‘SSMC’s claims failed because the council had issued a notice of completion of making good defects. The building contract provided that completion of making good defects shall …
Continue reading "Collateral warranty claims: Relegation and limitation"
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Leigh Shapiro and Brian Dowling examine proposals on reform of leasehold and commonhold following a spate of recent consultations ‘The intention set out in the Ministry of Housing, Communities and Local Government consultation is to abolish the disposal of houses on a long leasehold basis, unless very clear exceptions apply.’ Anyone dealing with residential property …
Continue reading "Residential update: A recap on residential tenure reform"
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