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Mark Pawlowski and James Brown consider the validity of notices sent by email when severing a joint tenancy and in other contexts It is to be noted that s36(2) simply requires a ‘notice in writing’ – it does not specify the form of notice, nor is there is any requirement for a signature or any …
Continue reading "Notices: When is service by email enough?"
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Fiona Sawyer and Kate Wilson consider the implications of Planning Gateway One in the wider context of the building safety regime Given their size and complexity, many schemes involving relevant buildings will, in turn, include an application for outline planning consent. One wonders what the government’s thinking is in apparently exempting schemes that involve construction …
Continue reading "Building safety and planning: Planning Gateway One"
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Helen Auden and Meghan Hatfield consider ESG investment and what challenges and opportunities lie ahead It is becoming increasingly important for investment managers to implement a more creative approach to their investment strategies in order to diversify and incorporate ESG-positive assets into their portfolios. As the United Nations Climate Change Conference (COP26) summit draws ever …
Continue reading "ESG and property investors: A view from above"
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Following the closing submissions at the Grenfell inquiry, Emma Swan considers changes in the building safety landscape in the wake of the tragedy Grenfell failings exemplify the issues in the industry: namely, widespread apathy towards safety and a lack of responsibility, cooperation and basic understanding that went purposefully unchallenged in favour of profit margins. It …
Continue reading "Construction focus: Grenfell – where are we now?"
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The commercial landlord and tenant sector finally has some clarity on exactly what is meant by a tenant’s obligation to give back vacant possession at lease termination. Jane Bloomer considers the case law Very convincingly, the landlord argued that GRS hadn’t given back ‘the premises, as there were a number of items contained within the …
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Adam Plainer, Kay Morley, Tayyibah Arif and Ola Majiyagbe consider a case where a landlord challenge, backed by a last-minute offer, was rejected on the grounds of material irregularity and unfair prejudice Last-minute offers, even if they have the potential to offer a better return to creditors, are less likely to succeed if they are …
Continue reading "CVAs: Caffè Nero – High Court rejects challenge"
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Rebecca Crosdil considers the current state of play following the government’s proposals to ‘tear’ the current planning system down While there has been no official government confirmation that planning reforms have been put on hold, such reports can only increase the level of uncertainty that the housing industry, local authorities and local communities are currently …
Continue reading "The future for planning reforms: Moving to the next level?"
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Emily Holdstock and Oyin Ogunkanmi explore the current state of the professional indemnity insurance market and the practical steps that insureds and their clients can take to safeguard their respective interests during development The CLC noted a ‘widespread incidence’ of construction practices having to alter the kinds of work they undertake, or lose work, because …
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Daniel Whittle, Olivia Heiniger and Adam Reeves consider a recent appeal decision and preceding authority relating to how the curtilage of a listed building is determined At appeal, one of the main issues to be decided was whether the cottage was within the curtilage of Swanland Hall. The answer to this question would determine whether …
Continue reading "Curtilage – in or out?: Swanland Hall and the law following Blackbushe"
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Matthew Weal considers the mechanics of the Ground Rent Bill and whether it achieves its aims The Bill is intended to restrict the payment of rents in qualifying future residential long leases such that these leases can make no financial demand in respect of a ground rent. The 2021 Queen’s Speech earlier this year marked …
Continue reading "Ground Rent Bill: Bringing an old concept into a modern era"
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