Speedread: Alongside Wednesday’s Spending Review, the government and the UK Statistics Authority (UKSA) have published their response to the recent consultation on reform to the RPI. The outcome to the consultation states that “it is UKSA policy to address the shortcomings of the RPI in full at the earliest practical time”. The earliest the proposed
Keeping It Real Estate
News and Trends in UK Real Estate, Disputes and Planning Law
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A Conclusive Conclusion for Service Charge Certificates?
In a case that will be welcomed by landlords, the Court of Appeal has ruled that a service charge statement was conclusive both as to the landlord’s costs and the scope of the services.
Background
The case concerned Blacks, the outdoor retailer, who was the tenant under a commercial lease. Under the service charge clause:…
Challenging Times (continued) – The Use Classes Order and Permitted Development Rights
In our blog of 3 September 2020, we brought you news of the challenge to the recent changes to the Use Classes Order and the Permitted Development Rights (“PDR”) regime.
The action group bringing the claim sought to quash the statutory instruments which bring about the changes to the Use Classes Order (including the introduction…
Tenant fails to satisfy break clause in latest VP ruling
By Anna Crabbe
The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant possession of the Premises” to the landlord, was not effective after the tenant had removed a…
Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk
The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive covenants. In today’s judgment, the Court has sent a warning message to developers who knowingly breach restrictive covenants…
Stand By for Action on EPCs!
By Simon Keen
Back in July 2018, the government launched a “Call for Evidence on Energy Performance Certificates”. To read our blog click here.
Over two years later the government has published an “Action Plan”, setting out what it is going to do in the light of the responses it received. However, if you are worried about…
The Sun Also Rises on Pre-pack Administration Reform
In 2015, responding to mounting concerns about pre-pack administration sales, a set of voluntary industry measures were introduced to address the perceived lack of transparency and trust in the process – especially when the sale was to a connected party, like a director or shareholder of the company in administration.
To encourage compliance, the government…
Higher MEES for residential properties? Have your say
By Adam Balfour
On 30 September 2020 the government published its consultation on amending the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the “Regulations”), raising minimum energy efficiency standards for the domestic private rented sector in England and Wales.
What is behind this consultation? The government’s aim is to have as many private rented sector…
Prejudice to landowner is too high to impose Code rights on its land
The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. In order to impose rights against a reluctant landowner, the operator must establish that the prejudice caused to the landowner by the imposition of those rights can be adequately…
UK COVID-19 – The FCA Business Interruption Test Case ruling – the end of the ‘Covid clause’ in leases?
This week the High Court has delivered its eagerly anticipated ruling in the FCA Business Interruption Test Case. The case was brought by the Financial Conduct Authority on behalf of business interruption policyholders, with the aim of determining issues of principle on coverage and causation under a series of sample policy wordings.
Whilst of broad…