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Legal wrap: Net zero, holiday lets and ethnic pay gap reporting

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, an employment law expert explains the government’s guidance on ethnic pay gap reporting, which aims is to develop a consistent, methodological approach that will help employers identify and investigate disparities in the average pay between ethnic groups and develop an action plan to tackle the problem – as vital an issue for real estate as it is for any other industry. In addition, our net zero series continues with an emphasis on how landlords and tenants should work together to improve energy efficiency and reduce carbon emissions. Other topics include holiday lets, the environmental land market, collateral warranties and more.

Legal news

Appeal planning officers not underqualified, Court of Appeal rules The court has ruled that an appeal planning officer’s input did not make the procedure unfair Sheffield City Council wins legal claim over land that wasn’t developed fast enough Developer was required to obtain planning permission and produce a building contract Guy Hands’ Annington loses High Court battle with MoD over £8bn estate Judge rules that MoD can use leasehold enfranchisement rules to buy back properties Arbitrator gives Soho tapas bar two years to clear Covid rent arrears Pix Pintxos must pay landlord Millbeck Properties over 24 monthly instalments

Legal features

Working together towards net zero Laura Haworth and Louise Irvine discuss how landlords and tenants should collaborate on improving energy efficiency and reducing emissions Reporting the ethnic pay gap Joanne Moseley explains how government guidance on ethnic pay reporting can be adopted in real estate Environmental land markets: a land of opportunity Ross Evans appraises opportunities for landowners and farmers arising from the environmental land market Holiday lets vs assured shorthold tenancies With Airbnb rentals increasing in duration, Nick Thomson considers the rights and responsibilities of hosts Back to Basics: Understanding collateral warranties Adam Jason takes a look at common and fundamental legal instruments in commercial property development Legal note: Historical adverse possession Louise Clark analyses a dispute involving 12 years’ adverse possession prior to 13 October 2003

Practice points

Sale of development land – implied term plugs gap in contract Sheffield City Council v Scotfield Group Ltd and another Compulsory purchase – compensation must reflect true value of the property Fraser (as administrator in the estate of Monica Agnes Irene Miller) v Hertsmere Borough Council Council’s decision quashed by High Court for contradicting planning condition R (on the application of Friends of West Oxfordshire Cotswolds) v West Oxfordshire District Council and another The importance of having a viable viability assessment Hunter v Secretary of State for Levelling Up, Housing and Communities One-off oil spill is not a continuing nuisance Jalla and another v Shell International Trading and Shipping Co Ltd and another Heads of terms not legally binding – too much left wholly in the air Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd

Case summaries

Secretary of State for Levelling Up, Housing and Communities v Smith and another Town and country planning – Appeal – Procedure Jalla and another v Shell International Trading and Shipping Co Ltd and another Nuisance – Limitation – Continuing private nuisance

Law report

Williams and others v Aviva Investors Ground Rent GP Ltd and another Landlord and tenant – Service charges – Apportionment
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