Legal wrap: Building safety, dilapidations and the Register of Overseas Entities

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, our coverage of the Economic Crime (Transparency and Enforcement) Act 2022 continues in podcast form, with the second episode in our new series “In on the Act”. In addition, the subject of dilapidations comes under expert scrutiny, both when it comes to a landlord’s responsibility to account for capital allowances and in our assessment of the pros and cons of alternatives to terminal dilapidations. Other topics include keep-oven covenants in Scotland, building safety, managed leases and more. Legal news In on the Act: Martin Dray discusses the Economic Crime (Transparency and Enforcement) Act 2022 Tune in to hear the second episode of EG’s new podcast series, In on the Act Thurrock and Essex secure court order against fuel protests Court granted an injunction with some alterations Mishcon wins Bayswater Road development claim Judge dismisses developer’s claim for £48m plus interest Legal challenge to business rates Covid block fails Altus loses test case challenging policy restricting Covid-hit firms from seeking rates reduction Legal features Legal note: He ain’t the beneficial owner, he’s my brother Elizabeth Dwomoh considers a dispute between two brothers Not so intangible: IP rights and real estate Clare Reddy, Stephanie Kay and Michael Szlesinger cover all you need to know about copyright, trade marks and other rights pertinent to property Time to get serious about building safety Sarah Pope and Eleanor Murray outline the new duties under the Building Safety Act 2022 Managed leases: an evolution or a revolution? Paul Daniels considers the practicalities for those seeking a “walk-in, walk-out” lease Capital allowances in dilapidations claims Joseph Skinnard addresses a landlord’s obligation to mitigate its losses The potential alternatives to terminal dilapidations Tim Raynor offers a refresher guide to terminal dilapidations, and the advantages and disadvantages of alternatives Keep open all hours? Closing premises to save costs needs careful consideration in Scotland, write Fiona MacGregor and Jayne Macfarlane Practice points Beneficial interest: making relevant enquiries Jesseman and another v Patel and another Joint tenants: trustees owe fiduciary duties not to act in their own self-interest Procter v Procter and others Modification of covenant permitted because alternative construction would have no less impact Dickinson v Adams and another Service of statutory notices: the ‘reasonable recipient test’ is an objective one Turner and others v Thomas and another The impact of Covid anxiety is not a reason for reducing non-domestic rates Vistra International Expansion Ltd and others v Bunyan (Valuation Officer) When is a dwelling considered as such for council tax purposes? Bunyan (Listing Officer) v Patel Case summaries Aurium Real Estate London Ultra Prime Ltd v Mishcon de Reya LLP Professional negligence – Solicitor – Duty of care Turner and others v Thomas and another Landlord and tenant – Notice to quit – Validity Hiley v Secretary of State for Levelling Up, Housing and Communities and another Town and country planning – Permitted development – Curtilage Procter and another v Procter and others Landlord and tenant – Notice to quit – Breach of trust Law report Ali v Khatib and others Property – Co-ownership – Occupation rent   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