Legal wrap: Cladding, schedules of condition and Covid arbitration bill concerns

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, the Supreme Court has delivered the first major decision of 2022, allowing an appeal in an important dispute over the right to manage. We have news on the judgment, as well as initial reaction, with more detailed analysis sure to follow in the coming weeks. In addition, the Property Litigation Association and the Property Bar Association have made their submissions to the House of Commons, highlighting “serious defects” in the proposed arbitration scheme to be introduced in the Commercial Rent (Coronavirus) Bill. Other topics covered range from cladding to schedules of condition, as well as the first in our six-part “clause for thought” series on key terms in commercial leases. Legal news Supreme Court overturns Gala Unity decision Residents with right to manage block on an estate are not exempt from estates charges Lawyers highlight ‘serious defects’ in Commercial Rent (Coronavirus) Bill PLA and PBA submit evidence to the House of Commons highlighting areas of concern Legal features Clause for thought: be specific about alterations provisions Charlotte Nayler offers the first in a six-part series looking at key clauses in commercial leases Commercial leases and liquidators’ rights Anna George and Chloe Potter explain the disclaimer powers of liquidators for insolvent tenants Cladding scandal: the limits of limitation Is the 11th hour too late for cladding claims? Katie Dunn investigates Schedules of condition – a silver bullet? Paul Raeburn stresses the importance of properly produced, well-evidenced schedules of condition Cutting their losses: insurers’ priorities for 2022 Property owners should pay close attention to policy terms, including rising excesses, writes James King Legal note: The requirements of proprietary estoppel Louise Clark analyses a farm dispute that offers a useful refresher course on the doctrine Q&A: Property guardians and ASTs Is a landlord likely to obtain possession from property guardians at a first possession hearing? Laura Bushaway and Peter Sibley have the answer Practice points Telecommunications: rent and other terms under the Landlord and Tenant Act 1954 EE Ltd and another v Morriss and others Planning permissions: limited ability to limit use Manchester City Council v Secretary of State for Housing, Communities and Local Government Case summaries EE Ltd and another v Morriss and others Landlord and tenant – Telecommunications – Electronic communications site Doran and another v County Rentals Ltd (t/a Hunters) Insolvency – Winding-up petition – “Coronavirus test” Law reports Global 100 Ltd v Laleva Landlord and tenant – Possession – Licence to occupy Boodia v Yatsyna Civil procedure – Relief from sanctions – Court fees   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