Legal wrap: First Covid arbitration award, rights of light and rooftop extension

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, we have the first known arbitration award made under the Commercial Rent (Coronavirus) Act 2022 – an important decision that will come as a blow to the jewellery chain that includes H Samuel. Meanwhile, as we all await the Supreme Court’s judgment in the Tate Modern case, we have a fresh view on disputes arising out of neighbouring developments. And a forthcoming High Court case could challenge the orthodox position on calculating infringements on rights of light – we have a suitably illuminating discussion of the possibilities. Legal news H Samuel chain loses out in landmark pandemic rent arrears arbitration award The world’s largest specialist jeweller has failed to obtain relief from rent arrears of £450,000 Swindon Council takes developer to Supreme Court over highway provision Supreme Court judges asked to consider if a landowner can be required to build a road for public use Legal features Pioneer cities – the cutting edge of clean urban living Matthew White identifies the forward-thinking cities driving the way towards net zero Neighbour disputes: losing a view, taking a view Developers should take the initiative in resolving disputes between neighbours, writes Stephen Shaw A switch in thinking on rights of light Greg Simms and Andrew Cartmell make the case for challenging the established position on calculating infringement of rights of light How to get started in industrial development Simon Keen and Tom Newcombe present the first article in a three-part series on setting up a new industrial/logistics estate Raising the roof: when tenants object to rooftop extensions Claire Dutch analyses a recent case shedding light on the approach that LPAs should take to rooftop extensions Legal note: Diagnosing occupier status and service charge obligations Louise Clark takes an in-depth look at a major High Court case involving former NHS properties Q&A: Clarifying points on eviction Brooke Lyne and Emma Preece respond to questions on tenant eviction Practice points When can the public be lawfully excluded from a council meeting? R (on the application of Stride) v Wiltshire Council RRO: assessing the totality of a landlord’s conduct Simpson House 3 Ltd v Osserman and others RRO: consideration of landlord’s conduct in mitigation Hallett v Parker and others Property ownership: oral agreement for joint interest upheld Patel v Mann and others Covenants: rural views over undeveloped land a benefit, but not of substantial value Mill Strand Developments Ltd v Tapp and others Interim Code rights: site owner entitled to its costs in the absence of agreement and conduct matters EE Ltd and another v HSBC Bank plc Charge-holder not estopped from claiming interest due to lack of reliance and detriment Brierley v Otuo and others Case summaries Mostyn House Estate Management Co Ltd v Youde and others Land – Development – Rent charge Williams v Williams and others Agricultural land – Partnership assets – Proprietary estoppel   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