October 2017 #355 – Law Journals

Real Estate Finance: Mortgagees and lease forfeiture – Part 1

In the first of a series of articles Sara Lindemann considers forfeiture for breach of covenant and mortgagee protection provisions ‘Mortgagee protection provisions should require the landlord to notify the tenant’s mortgagee in the event of breach of tenant covenant, giving the mortgagee a period within which to remedy the breach prior to the landlord …

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Construction Focus: Altruism – a case of good faith

John Starr analyses a recent case which seems to provide a further setback to collaborative working ‘On the good faith issue, the judge rejected the arguments put forward by Ilkerler and said that there was not even a prima facie case of conduct that lacked good faith.’ Collaborative working has been described as a system …

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Planning Update: Permission to land?

Jamie McKie examines the latest tools in the planner’s toolbox, permission in principle and the Brownfield Register, and asks whether they will have the impact that the government hopes and expects ‘PiP is a new, “alternative”, route to obtaining planning permission. The broad intention behind it is to separate “in principle” matters such as use …

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Redevelopment: Keeping the peace

Andrew Ross provides some advice for landlords on how to carry out redevelopment works without interfering with their tenants’ quiet enjoyment ‘When negotiating leases, landlords should seek to include wording which expressly permits them to carry out works of construction, demolition, alteration or redevelopment to the premises themselves, to the building and/or estate in which …

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Leasehold reform proposals: Breaking new ground

Kate Coyer reviews the government proposals published in February and questions whether they go far enough in dealing with escalating ground rent ‘A freeholder of a block of flats who wishes to sell such freehold must offer first refusal to the “qualifying tenants”. However, an assured shorthold tenancy is not a qualifying tenancy.’ The Communities …

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Residential Landlords: When is a ‘Part 3 house’ not a house?

Richard Hanstock illustrates the problems surrounding selective licensing schemes and discusses a recent unreported decision ‘Although selective licensing is sometimes colloquially referred to as “landlord licensing”, the licensable unit is not the landlord but the property that is to be let out.’ An ever-greater number of local authorities have adopted selective licensing schemes, requiring residential …

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Charities: Issues to consider

There are particular duties, responsibilities and issues to bear in mind when dealing with property matters for charities. Clare Garbett gives an overview ‘Charities have a significant number of rules with which they need to comply – not only general statutory and common law duties but also the guidance of any specific regulators to which …

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Development: Putting it all together

Ann Ebberson highlights the importance of ascertaining rights of way and covenants before purchasing land for redevelopment ‘Unlike restrictive covenants, positive covenants do not run automatically with the land and there needs to be a mechanism in the title to ensure that such covenants pass on to successors in title.’ Acquiring land for development can …

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