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Legal wrap: Digital challenges, pandemic clauses and the evolution of leases

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

 

For more legal articles and to search our extensive archive, visit EG Legal 

 

To send feedback, e-mail jess.harrold@egi.co.uk or tweet @estatesgazette

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