Legal wrap: Energy crisis, biodiversity and Land Registry’s digital revolution

Welcome to your last EG Legal newsletter of 2022 – another year destined not to be remembered fondly. Among the reasons for that is the energy crisis, and our soaring bills – but what will the threat of possible blackouts mean for commercial landlords and tenants? Find out below. One positive from the events of recent years has been the greater acceptance, by necessity, of electronic signatures, and the Land Registry has now launched “digital by default”, the next step in digitisation of real estate transactions – we have all the details you need to know. Other topics include biodiversity net gain and the year’s enfranchisement cases. Enjoy the holidays, and we will be back with more in 2023. Legal news Developer wins Supreme Court battle over condition to build a public road The council argued it could make the provision of the road a planning condition Noisy-facade apartment owner ordered to pay £500,000 in legal costs Naziral Tejani failed in a bid to sue the freeholder and developer over banging and popping Kensington and Chelsea challenged in High Court over six-week cycle lane Council accused of “irrational decision” and failing to properly consult on cycle lane’s removal Legal features Legal note: Bribes and the construction industry Stuart Pemble tackles a rare case where the courts considered the consequences of bribery on a construction project Q&A: Notices to complete – caveat emptor? Myriam Stacey KC and Rachel Morrish answer a question about the content of legal packs for properties to be sold at auction Lights out: what the energy crisis means for landlords and tenants Amy Allen outlines the issues the parties need to consider in relation to potential power blackouts Land Registry: Going digital by default Joe Geen and Luke Robinson say the latest step in its mini-digital revolution will bring about positive results for real estate A year in enfranchisement Ellodie Gibbons reviews the year’s cases, which offer useful lessons on valuation evidence and rooftop developments The countdown to biodiversity net gain requirements Rachael Coulsting explains how the real estate industry should start planning for the mandatory BNG requirements Practice points Restrictive covenants: requirements to establish a building scheme Livett and another v Hennings and another Recovery of rent: it’s all in the wording and wider context Rail for London Ltd and another v Mayor and Burgesses of the London Borough of Hackney Business rates: proposal to alter the rating list defines the scope of an appeal Nelson Plant Hire Ltd v Dawn Bunyan (Valuation Officer) Local authority entitled to permanent injunction for trespass to moorings over 20 years Royal Borough of Kingston-upon-Thames v Salzer and another Case summaries Rail for London Ltd and another v Hackney London Borough Council Landlord and tenant – Lease – Implied term DB Symmetry Ltd and another v Swindon Borough Council Town and country planning – Planning permission – Certificate of lawful use or development Wyldecrest Park (Management) Ltd v Turner Park homes – Procedure – Mobile Homes Act 1983 Law report Dudley Metropolitan Borough Council v Mailley Housing – Secure tenancy – Possession   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