Legal wrap: Audits, overage, noise nuisance and ground rent reform

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week’s offering begins with the first article in a two-part series on overage – this time from the seller’s perspective, with the buyer’s perspective to follow next week. We continue with a look at the Caffè Nero CVA and whether it will have wider implications for landlords facing tenants’ restructuring plans. We then move on to nuisance and how businesses can protect themselves from neighbours’ noise nuisance claims, before exploring ground rent reform and statutory audits. In addition, an EG podcast examines the detail of the new debt recovery plans announced by the government, including the Commercial Rent (Coronavirus) Bill and the new code for commercial landlords and tenants. Legal news Candy brothers sue former business partner Holyoake for bankruptcy Mark Holyoake lost a bitterly fought lawsuit he brought against the brothers in 2017 Biotech entrepreneur fails in bid to sue RBS over mortgage debt Peter Hoskins claimed action over mortgage arrears led to him and his business losing £35m Legal features Overage: two sides of the same coin In the first article of a two-part series, Peta Dollar looks at overage from a seller’s perspective The grounds of Caffè Nero’s CVA challenge The company’s CVA may have wider implications for landlords facing tenants’ restructuring plans, say Mathew Ditchburn and Joe Armstrong Nuisance: all the right noises? Beth Wilton explains how businesses can protect themselves from neighbours’ noise nuisance claims Statutory audits: matching expectation with reality Where does the responsibility for the accuracy of statutory audits lie? Jim Oulton and Mike Newham investigate The downside of ground rent reform The abolition of ground rent could pose new complexities for mixed-use development, argues Melissa Barker Legal Notes: Breach, waiver or abuse of process? Elizabeth Dwomoh takes a look at abuse of process in the context of waivers and applications for a determination of breach (Bedford v Paragon Asra Housing Ltd) Case summaries Kensquare Ltd v Boakye Landlord and tenant – Service charges – Interim payment AA v Rodriguez and others Housing – Rent repayment order – Reasonable excuse Kyriacou v Linden Landlord and tenant – Breach of covenant – Insurance   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