Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.
This week, we delve into the world of data, with the start of a three-part series from Conrad Davies and Catherine Hammon on how a shift in incentives is causing the real estate sector to think differently about its use of data. We also address another hot topic – pandemic lease drafting – as part of our monthly Back to basics series, as well as covering forfeiture (Legal Q&A), a proprietary estoppel case (Legal notes), reform of the Telecoms Code and more.
Legal news
Wigan Council triumphs in battle to take back Haigh Hall
Legal features
A new dawn: creating a digital interface for a data-driven approach
In the first in a series of three articles on data, Conrad Davies and Catherine Hammon discuss the challenge of creating a digital interface for a data-driven approach in real estate
Back to basics: Drafting pandemic clauses
Peter Blakemore rounds up some of the major factors to be taken into consideration when agreeing a potential pandemic clause in a lease
Legal note: Proprietary estoppel – what you should know
Allyson Colby analyses a case that raises familiar issues over the extent of the doctrine of estoppel
Comment: Hard reset for the Telecoms Code?
Landowners will be disappointed by the government’s proposals for reform of the Code, argues Laura West
Q&A: Addressing questions of forfeiture
Louise Clark and Myriam Stacey QC tackle queries from a landlord and a tenant on the waiving of, and relief from, forfeiture
Rip it up and start again? How the traditional lease model must evolve
Louisa Roe addresses how both landlords and the traditional lease model need to adapt to the changing needs of occupiers
Practice points
Service charges: repairing provisions in ‘right to buy’ leases revisited
City of London Corporation v Various Leaseholders of Great Arthur House
A landlord had validly terminated a lease
Wigan Borough Council v Scullindale Global Ltd
HMO: Rent repayment orders against superior landlords
Irvine v Metcalf and others
Had a prospective tenant validly terminated an agreement for lease?
Reaction Engines Ltd v BNP Paribas Depositary Services (Jersey) Ltd
When does land form part of the garden or grounds of a house?
Hyman v HMRC
Case summaries
Balhousie Holdings Ltd v Commissioners of HM Revenue and Customs (Scotland)
VAT – Zero-rating – Sale-and-leaseback transaction
Wood v Commercial First Business Ltd; Business Mortgage Finance 4 plc v Pengelly
Mortgage – Fiduciary relationship – Secret commission
Reaction Engines Ltd v BNP Paribas Depositary Services (Jersey) Ltd and another
Landlord and tenant – Agreement for lease – Termination
Wigan Borough Council v Scullindale Global Ltd and others
Landlord and tenant – Break clause – Hotel
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