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Karl Anders provides up-to-date practical advice for property owners and lenders following further ‘Airbnb’ litigation ‘The Conway and the Nemcova cases together demonstrate both an increasing awareness on the part of landlords to the fact that Airbnb/sharing-economy lets are likely to be unlawful, and a willingness on the part of the courts to enforce covenants …
Continue reading "Sharing economy short-term lets: Another Airbnb breach"
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Are no oral modification clauses effective to prevent subsequent variations in contracts? The Supreme Court has provided further insights on the matter, as John Starr finds out ‘The Supreme Court reviewed the existing case law and came to the opinion that the law should and did give effect to a contractual provision requiring specified formalities …
Continue reading "Construction focus: Mods and rockers"
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Tom Pringle and Jennifer Bean assess the future of retail CVAs in light of recent events ‘As the spate of retail CVAs shows no signs of abating, and more large store portfolios are jettisoned, leaving hundreds more empty units nationwide, there is a risk that landlords’ room for manoeuvre, and patience, may run out.’ In …
Continue reading "CVAs: What does the future hold?"
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Sarah Heatley looks at a decision which adds a further layer to the process of repossession when serving a section 21 notice ‘Even if Caridon is not appealed, it is thought that the government may step in to resolve the issue, as it did following the Superstrike fallout, and could opt to amend the wording …
Continue reading "Assured shorthold tenancies: Upsetting the apple cart"
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Marcus Harling and Tim Kittow explore the roles of the employer’s agent and the contract administrator under different forms of building contract, highlighting some key issues in particular with development transactions ‘In a JCT Design and Build contract the entirety of the employer’s agent’s role is one of acting as agent for the employer.’ An …
Continue reading "Construction contracts: Acting as certifier"
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Andrew Francis considers how far the Supreme Court’s decision in Morris-Garner opens up the question of compensation awarded by the Upper Tribunal (Lands Chamber) in applications to discharge or modify covenants under s84(1) of the LPA 1925 ‘What is clear is that property practitioners in particular will need to remind themselves not just of the …
Continue reading "Case study: What is it worth?"
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Jonathan Chew reviews the court’s findings on the duty to consult with tenants under s20 of the Landlord and Tenant Act 1925 in cases where there is a change to the planned works ‘It is apparent the Court of Appeal took a dim view of tenants who approved the works and then invoked their statutory …
Continue reading "Statutory consultation and changes to works: Court of Appeal guidance"
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Rob Aberdein reports on some cases which show the need for care in the drafting of pre-emptive provisions, in particular with regard to timescales ’Often, so much thought is given to the nature and extent of the obligations themselves that the issue of timing for compliance is overlooked.’ Recent cases both north and south of …
Continue reading "Contractual obligations: It’s all in the timing"
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Two recent cases have examined the interaction between the timeframe for an adjudication and an adjudicator’s right to resign. John Starr reports ‘Jacobs’ case was that the parties had agreed that the dispute should be referred to an adjudicator and that the adjudication should be conducted in accordance with an agreed timetable. Skanska’s case was …
Continue reading "Construction focus: Timing is everything"
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Gary Soloman considers a number of provisions relevant to compulsory acquisition which came into force in September 2017 and April 2018, and which seek to address issues that were raised in government consultations ‘The targets are ambitious and there is no real way of enforcing them, so it remains to be seen how effective they …
Continue reading "CPO and compensation: Important changes to the law"
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