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Legal wrap: Islamic real estate finance, leasehold reform and On the Case

This week we commence a four-article series on Islamic real estate finance with an overview of the key concepts and important terminology involved.

In addition, we have an expert comment on the flagging hopes for comprehensive leasehold reform.

Other topics range from rising service charge costs in the current economic climate to ground (f) oppositions to lease renewals – and more.

Legal news

On the Case: Supreme Court clarifies charitable relief from business rates
LISTEN This episode focuses on Nuffield Health v Merton London Borough Council

Fitness First restructuring plans delayed by two weeks
Judge says hearing should be postponed until 26 June

Legal features

Islamic real estate finance: key terminology
In the first article in a four-part series, Juliette Kelly explains some of the main words, phrases and concepts

Leasehold reform remains elusive
But while prospects remain vague, residential investors are reducing their exposure to future risks, according to James Duncan

Keep a close eye on costs
Ruth Clare addresses how landlords and tenants can work together to manage increasing costs and weather the financial storm for their collective long-term benefit

Conservation covenants for investors
Legal innovation could unlock nature markets for green finance, writes Henry Vane

Back to Basics: Opposing lease renewal on redevelopment grounds
Jessica Crowther looks at ground (f), a major tool in the landlord’s arsenal under the Landlord and Tenant Act 1954

Legal note: Is that a binding agreement?
Louise Clark notes how a recent case shows that whether an agreement is binding depends on precisely what has been agreed

Practice points

Does the intention of the developer matter?
Devine v Secretary of State for Levelling Up, Housing and Communities

No quantum meruit in respect of services which have been paid for
Al-Rawi v Sidawi and others

Proprietary estoppel: detriment an integral element for success
Hughes v Pritchard

Civil penalty: failure to give reasons for refusing to exercise discretion to allow a time-barred appeal
Kazi v Bradford MDC

Landlord and tenant dispute – attempt to overturn injunction fails on appeal
Avondale Park Ltd v Miss Delaney’s Nursery Schools Ltd

Members-only gym operator entitled to charitable rates relief
London Borough of Merton Council v Nuffield Health

Right to manage: shared ownership and long leases
Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd

Enfranchisement: development value and piercing the corporate veil
Aneesh Ltd v Hinchliffe and others

Procedure: time waits for no person especially when issuing a claim
Peterson and another v Howard de Walden Estates Ltd

Case coverage

Case summary: Pitalia and another v NHS England
Practice and procedure – Claim form – Service

Case summary: Nuffield Health v Merton London Borough Council
Rating – Non-domestic rates – Charitable purposes

Case summary: Avondale Park Ltd v Miss Delaney’s Nursery Schools Ltd
Landlord and tenant – Injunction – Triable issue

Legislation tracker

The Mobile Homes (Pitch Fees) (Prescribed Form) (England) Regulations 2023 prescribe the form of document that must accompany a pitch fee review notice (served under paragraph 17(2) or (6)(b) of Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983) which proposes an increase in the pitch fee.


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