September 2019 #374 – Law Journals

Construction focus: Finding a contract

John Starr reviews two recent cases reiterating the courts’ stance on whether a contract exists even where it remains unsigned ‘The courts are reluctant to find an agreement is too vague or uncertain to be enforced where it is found that the parties had the intention of being contractually bound and have acted on their …

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Mortgages of part: A bullish approach

Mortgages of only a part of a development site bring with them a number of challenges when a lender exercises its power of sale. Helen Burns explores the decision in Taurusbuild ‘Legal ownership of parts of a site could be transferred into the ownership of special purpose vehicles, which then deal with the development and …

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Planning permissions: Restrictions still in force

Can conditions be implied into a new planning permission or not? Katherine Evans reports on an important Supreme Court ruling ‘The significance of the distinction between a restricted description and the imposition of the condition lies in the way in which planning control can be enforced.’ The Supreme Court has ruled in London Borough of …

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Build to rent: Risk and reward for the private rented sector

Susan Simpson and Rhodri Pazzi-Axworthy assess how an evolving class of rental accommodation creates legal and practical opportunities and obstacles for the real estate sector ‘For many residents who cannot or choose not to own their own homes, their main concern about PRS accommodation is insecurity.’ Build to rent (BTR) is the most contemporary trend …

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Planning update: Appropriate assessment of habitat sites

As the courts continue to grapple with the issue of ‘appropriate assessment’ under the Habitats Regulations, Jamie McKie examines why this area has attracted so much attention and contemplates what lies ahead ‘Ascertaining the proper interpretation of these requirements has led to significant changes to legislation and policy.’ The ability of the planning system to …

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Leasehold reform: The big picture

Emma Gosling sets out the timeline on leasehold reform and the government’s latest proposals ‘Ultimately the Select Committee recommends that the government should “ensure that commonhold becomes the primary model of ownership of flats in England and Wales, as it is in many other countries”.’ The Office for National Statistics (ONS) recently reported that the …

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Absolute prohibitions in leases: Taking control

Mark Shelton considers the intricacies of covenants seeking to limit tenants’ actions ‘Absolute prohibitions usefully give landlords a high degree of control. However, there may be significant disadvantages.’ Landlords typically seek to exercise control over what tenants may do upon a property by provision in the lease that certain things may only be done with …

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