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Legal wrap: Fire safety regs, break notices and renting homes in Wales

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, we have an analysis piece on the effect of the Fire Safety (England) Regulations 2022, which looks at the key duties for landlords and property managers. In addition, we cover the effect of the Renting Homes (Wales) Act 2016, as well as a break notice case under the Landlord and Tenant Act 1954. Planning coverage comes in the form of a look at the recent Armstrong case on amendments to planning permissions, while Legal Notes analyses the Supreme Court decision in Barton.

Legal news

Supreme Court warns local authorities to check their land ownership Ruling quashes planning consent as local authority didn’t realise land was held as a statutory trust Supreme Court confirms rent repayment order can’t be made against a superior landlord Case centres on the interpretation of section 40(2) of the Housing and Planning Act 2016

Legal features

Hanging in the balance: implications of the Renting Homes (Wales) Act 2016 Elizabeth Fevyer and Joe Geen consider the extent to which the Act may prove challenging for the student lettings regime in Wales Are you ready for the new fire regulations? Key questions on the Fire Safety (England) Regulations 2022, by Emma Pereira, Sarah Walker and Ed Colclough Planning: no need to strong-arm post Armstrong Kathryn Hampton and Claire Dutch consider the effect of a recent case on amendments to planning conditions Break clauses: best served cold? Connor Merrifield and Matthew Baker look at how far in advance break notices can be served, with reference to a recent case Regulation: friend or foe to booming resi sectors? Alexis Condie asks whether overregulation is constricting the sectors most likely to weather the economic storm? AI and employment law: the power of the human touch Practical considerations for those working in real estate. By Flora Niven and Daniel Zona Legal Notes – Finders, losers: introduction payments and unilateral contracts for services Analysis of a Supreme Court ruling dismissing a claim to an introduction payment

Practice points

Consultation requirements must be complied with to override statutory trust of recreation land Day v Shropshire Council Validity of notices served before disposition of freehold to be decided at trial FSV Freeholders Ltd v SGL1 Ltd Listed buildings: conviction not a bar to claim against advisers in negligence Owadally and another v Planology Ltd and others Possession order made in case where there had been manifold delays Bank of Scotland plc v Hoskins Building Safety Act 2022 – its impact on claims arising prior to implementation URS Corporation Ltd v BDW Trading Ltd No permission to raise new issue of unfair relationship Goldhill Finance Ltd v Smyth Business interruption insurance: no stay of proceedings as arbitration clause not satisfied DC Bars Ltd and another v QIC Europe Ltd

Case summary

R (on the application of Kinnersley) v Maidstone Borough Council Town and country planning – Planning permission – Listed building consent

Law report

Burnford and others v Automobile Association Developments Ltd Company – Strike out – Reflective loss
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