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Dan Easom looks at the factors to consider when considering extension of time claims Given that all or most of the above requirements will likely apply to extension of time claims regardless of the ground being relied upon, it is important for a contractor to bear these in mind. Construction contracts invariably require contractors to …
Continue reading "Construction focus: Demystifying grounds for extensions of time"
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Felicia Persis considers the government’s policy paper published in mid-June, which has been described as ‘biggest shake up of the private rented sector in 30 years’ The DLHC acknowledges that there is an imbalance in the landlord and tenant relationship, as the White Paper states that scrapping the s21 termination route will ‘level the playing …
Continue reading "Private rented housing: Putting things into perspective"
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In the first of two articles on climate change, Frank Orr provides an analysis of its legislative context Notwithstanding the exigency implicit within the CCA, climate change as a potential material planning consideration enjoys no special status per se within T&CP decision-making, let alone any express provision in decision-making either in the TCPA 1990 or …
Continue reading "Climate change: An obviously material planning consideration?"
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Mark Shelton considers how to protect a landlord’s rights of access to carry out works while protecting tenants’ rights The word ‘quiet’ has the potential to mislead, suggesting disturbance caused by noise, such as the noise of building works. The covenant is concerned with disturbance in a much broader sense. Leases will often contain rights …
Continue reading "Landlords’ works and tenants’ rights: A balancing act"
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Are doubling ground rents legally fair? Jessica Parry, Edward Blakeney and James Fieldsend consider the evidence The individual tenant’s right to enfranchise a house under the LRA 1967 or claim a new lease under LRHUDA 1993 means leaseholders can effectively buy themselves out of a ground rent doubling clause. In the court of public opinion, …
Continue reading "Leaseholds: Ground zero"
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Fiona Sawyer considers the regulations and how the regime will change following a government refocus announced earlier in May The government has taken heed of the working party’s recommendations, proposing that, while maintaining current levels of protection, the multitude of existing designations should be consolidated and simplified, and the law governing them modernised. The BBC …
Continue reading "Habitats Regulations Assessments: Refocusing towards nature’s recovery"
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Emma Swan warns against the use of oral contracts in order to avoid uncertainty Parties may be unaware that their works do not constitute construction operations for the purposes of the Construction Act 1996 and therefore incorrectly believe that the statutory provisions apply to their contract. Written contracts are common in the construction industry due …
Continue reading "Construction focus: The unwritten rule"
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Nicola Gooch provides an initial overview of the planning-related proposals in the Bill A very large proportion of the Bill is devoted to measures to promote both the digitisation and simplification of local plans. On 11 May 2022, the Levelling Up and Regeneration Bill was placed before Parliament. The introduction to the policy paper notes …
Continue reading "The Levelling Up and Regeneration Bill: Planning changes"
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Mark Pawlowski considers whether detriment is a necessary requirement in joint ownership cases involving the family home In a joint names case… the decision suggests that, once the claimant has established entitlement to a share in equity, the amount of their share may vary, or ambulate, following a change in the common intention without the …
Continue reading "Joint ownership: Common intention and detriment?"
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Alexandra Adams and Sarah Buxton review the first of the government’s planned leasehold reforms to get over the line Leases granted pursuant to an option or pre-emption agreement (such as an option to renew in an existing lease) will be caught by the Act. The UK government has announced that the effective ban on ground …
Continue reading "Residential ground rents: The end of the road"
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