May 2022 #397 – Law Journals

Leaseholds: Ground zero

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, …

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Habitats Regulations Assessments: Refocusing towards nature’s recovery

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 …

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Construction focus: The unwritten rule

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 …

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The Levelling Up and Regeneration Bill: Planning changes

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 …

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Joint ownership: Common intention and detriment?

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 …

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Residential ground rents: The end of the road

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 …

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Asbestos: The elephant in the room

Julie Vaughan considers a select committee report calling for the removal of asbestos and its implications In our experience from property acquisitions, the duty to conduct an asbestos survey in the first place and for regular review or update of the management plan is often neglected. A UK Parliamentary select committee inquiry has issued a …

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Commercial Rent (Coronavirus) Act 2022: Business as usual

With the end of restrictions preventing landlords from taking action against their tenants, Dev Desai considers the new legislation put in place The CRCA creates a window of opportunity to air and resolve grievances concerning the rent arrears via binding arbitration. That arbitration window is open for a finite period. A semblance of normality is …

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