Legal wrap: Dilapidations, boundaries and the scope of the professional adviser

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, we cover some of the many ongoing effects of the coronavirus pandemic, including the latest news on retail and leisure lawsuits, and valuation and practice with regard to dilapidations claims, while Charles Connor, winner of the PBA’s annual student essay prize, evaluates whether the government’s policy in response to Covid-19 struck a fair balance between landlord and tenant. We also take a look at what the Levitt report into the RICS scandal reveals about the scope of the professional adviser, why it pays to identify boundary and land ownership issues early, and the thorny issue of whether a Hyde Park boathouse is a chattel or part of the land. Legal news Caffè Nero CVA survives legal challenge from landlord Picturehouse loses lawsuit on unpaid rent for Trocadero cinema Ashford council wins injunction against landlord who harassed council staff Legal features Striking the wrong balance between landlord and tenant Charles Connor, winner of the Property Bar Association’s annual student essay prize, looks at whether the government’s policy in response to Covid-19 struck a fair balance between landlord and tenant The RICS case provides a salutary lesson for professional advisers Shah Qureshi and Sacha Sokhi discuss what the Levitt report reveals about the scope of the professional adviser Dilapidations in challenging times In the first article of a two-part series, Bill Hanbury and Paul Raeburn look at valuation and practice in relation to dilapidations claims following Covid-19 Avoiding the pain of boundary disputes Hari Menon outlines why it pays to identify boundary and land ownership issues early Legal Notes: Battle of the boathouse Louise Clark makes her Legal Notes debut, analysing a dispute over whether a Hyde Park boathouse is a chattel or part of the land Practice points Failure of consideration is no defence to claim for pandemic rents London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others Expert reports – what is and is not admissible? WH Smith Retail Holdings Ltd v Fort Properties Ltd Blight notice – owner-occupier conditions to be satisfied by the same party George Mellor and others v The Secretary of State for Transport Court’s approach to litigant in person and directing the county court Mars Capital Finance Ltd v Hussain and others Case summaries London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others Landlord and tenant – Rent arrears – Business premises R (on the application of Richards) v Environment Agency Environment – Pollution – Air quality Ristorante Ltd (trading as Bar Massimo) v Zurich Insurance plc Insurance – Disclosure – Insolvency Poule Securities Ltd v Howe and others Civil procedure – Unless order – Possession Law report No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd Landlord and tenant – Service charges – Recoverability   For more legal articles and to search our extensive archive, visit EG Legal    To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews