March 2016 #339 – Law Journals

Planning Update: Striking a balance in CPOs

Michele Vas assesses whether regeneration is all when it comes to compulsory purchase orders ‘Compulsory acquisition will not always be endorsed simply in the name of regeneration. There is a balance to be struck between the benefits a scheme may deliver against the wider local interests of the area and those affected by the compulsory …

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Penalty Clauses: A high threshold

The Supreme Court has issued a landmark judgment on penalty clauses. Paul Joukador, Nathan Searle, Jane Dockeray and Ingrid Stables discuss the implications ‘It remains to be seen how the courts will determine what is and is not extravagant, exorbitant or unconscionable, particularly where the contracting parties are not on a level playing field.’In its …

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Residential Tenancies: New regulations

The Deregulation Act 2015 significantly changes the law on tenancy deposit schemes, retaliatory evictions and section 21 notices, warns Scott Birchall ‘The Act has introduced a number of new rules regarding the form, content and service of a section 21 notice.’ The Deregulation Act 2015 (the Act) received royal assent on 26 March 2015 and …

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Construction Focus: The perils of gratuitous services

John Starr highlights the dangers that come with professionals, such as an architect, providing free advice to friends and neighbours ‘It is important to note that the absence of a formal contractual relationship will not prevent there being liability on the part of the professional if they fail to exercise reasonable skill and care.’All professionals …

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Flood Liability: Don’t be a nuisance

Sandra Jones explains best practice for avoiding liability for flooding to another’s property ‘Property owners should be alive to the responsibilities they may face in seeking to avoid flooding and possible damage to their neighbour’s property.’Flooding has been in the headlines again this winter with large parts of the UK being hit by devastating floods, …

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Dilapidations: Valuable pointers

Michael Smart examines a case that indicates the court’s current approach towards valuing disrepair and reinstatement ‘The judge held that, hypothetically, given the condition of the market at lease expiry, it was not appropriate to calculate the out-of-repair value of the property on a “pound for pound” basis.’ In the recent case of Consortium Commercial …

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Stamp Duty Land Tax: Bad news for the small-scale investor

Morayo Fagborun Bennett considers whether the higher-rate stamp duty will slow down the residential property market ‘Given that the new rules are aimed at reducing the profit available to small-scale property investors, it can be seen that they will be the worst affected.’ A property investor considering a buy-to-let investment will already be aware that …

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The Internet Of Things: Future gazing

Malcolm Dowden looks at how the internet of things may shape real estate and the relationship between landlords and tenants ‘Commercial premises are built, occupied and run in a very different way than during the relatively brief heyday of the institutionally acceptable “full repairing and insuring” (FRI) lease.’Futurologists have for decades been predicting the upending …

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