Legal wrap: Pandemic rent appeals, CPO reform and soaring service charges

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, hot off the presses, we have news on the Court of Appeal’s judgment in the pandemic rent arrears cases, one of which involves London’s iconic Trocadero Centre. Read the result below – and look forward to more in-depth coverage in the weeks to come. In addition, our range of feature content includes a review of the reform proposals for compulsory purchase, options for tenants facing soaring service charges and the final part in our series on the practicalities of setting up an industrial estate. Legal news Cinema operators lose Court of Appeal Covid rent arrears cases Tenants argued they were not liable to pay rent after their premises were “rendered unfit for use” ‘Hypersensitive’ Peak District residents win appeal over noisy skate park Residents said the sound of balls, skateboards, shouts and loud music amounted to a statutory nuisance Mishcon acts on pro bono case clarifying rent repayment orders The law firm took the case to the Court of Appeal Forsters elects Rees as senior partner Natasha Rees will start in the role on 1 September 2022 Withers overturns part of £1.4m negligence ruling Developers had tried to sue the law firm for £1.5m Legal features View from the bar: Use it or lose it In the light of the Court of Appeal ruling, Guy Fetherstonhaugh QC and Mark Sefton QC explain why tenants wishing to use the Commercial Rent (Coronavirus) Act 2022 should not wait too much longer Compulsory Purchase Orders: a reformed regime David Wood assesses some of the key proposals for CPO in the Levelling Up and Regeneration Bill Solutions to overcharging in leases George Calvert looks at the options available to leasehold tenants facing spiralling service charges Are tenant farmers at risk? Charles Cowap asks, does the renewed interest in natural capital risk excluding tenant farmers? Ensuring the smooth running of an industrial estate Simon Keen presents the final part of a mini-series on setting up a logistics/industrial estate Legal note: Checking out dilapidations Louise Clark offers a useful reminder of key principles in terminal dilapidations – and a lesson in expert evidence Practice points Service charges: if you don’t ask you don’t get Webb and another v Sunley (Findlay Close) Residents Ltd Flexibility is key to the operation of the scheme for part 3 houses Northumberland Mews Ltd v Thanet District Council Guidance, advice and all things nice (and achieving nutrient neutrality in planning) R (on the application of Wyatt) v Fareham Borough Council and another Adverse possession: mistaken belief as to ownership is sufficient intention to possess the land Calverley Village Day Nursery Ltd v Lynch and another Service charges: validity of demands for insurance rent and reasonableness Assethold Ltd v Jonathan and others Service charges: ‘eye-watering’ legal costs not recoverable under service charge provision of the lease Dell and another v 89 Holland Park (Management) Ltd Landlord and tenant: compromise of claim for breach of covenant does not release guarantor PME Cake Ltd v Craig and others Repairs: caution in granting declarations that are general in nature Mostyn House Estate Management Co Ltd v Youde Failure to obtain gas safety certificate before occupation bars service of section 21 notice Byrne v Harwood-Delgado Case summaries Director of Public Prosecutions v Instone and another Highway – Right of way – Dedication Kowalek and another v Hassanein Ltd Landlord and tenant – Rent repayment order – Determination Jones and others v Chapel-en-le-Frith Parish Council Environment – Noise nuisance – Abatement notice Calverley Village Day Nursery Ltd v Lynch and another Land – Adverse possession – Parking Byrne v Harwood-Delgado Landlord and tenant – Assured shorthold tenancy – Gas safety record 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