Legal wrap: Rent arrears, the Code of Practice and the return of S Franses

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, we have an update from the Professional Litigation Association on how the government’s announcement of an extended moratorium on commercial rent arrears recovery, with an arbitration process to follow, measures up to the views of their members on the best way forward. In addition, we appraise the Code of Practice for the commercial property sector one year after its introduction. There is the return of a very familiar case, S Franses, and the third and final part in our podcast series on the Scottish real estate market. Further audio food for thought can be found in an insightful discussion on diversity and inclusion in property law – a “must listen” if ever there was one. Legal news Stonehenge campaigners take tunnel battle to the High Court Law & Borders: Real estate investment in Scotland Cavendish Hotel dispute round two sees West End tenant’s rent more than halved Diversity and inclusion in property law: 10 years from now Legal features Covid rents: not the answer we were looking for Although property lawyers were divided on the detail of next steps, none wanted a longer moratorium, write Peter Bourke and Dellah Gilbert Ch-ch-ch-ch-changes: five ways real estate is evolving Scott Goldstein addresses how the next decade will be transformative for real estate – and property law Legal note: A new deal for New Look Allyson Colby provides her analysis of the decision to uphold the New Look CVA Mediation and property: where are we now? Jacqui Joyce takes a look at the latest CEDR survey on mediation practices, including the impact of Covid-19 Coded messages for landlords and tenants One year on, Emma Humphreys, Natalie Deuchar, Emma Preece and Claire Timmings discuss what use the Code of Practice has been Fleet Street Quarter: a winning BID? Alistair Subba Row and Martha Grekos ask: will Fleet Street Quarter be the capital’s next business improvement district? Practice points Treatment of arrears, tenancy deposits and post-compliance rent payments Kowalek and another v Hassanein Ltd Solicitors would be well-advised to refuse to pay client funds to third parties Lennon v Englefield The county court wraps up a contested renewal that made legal history S Franses Ltd v The Cavendish Hotel (London) Ltd How broad should indemnities in Code agreements be? EE Ltd v Hackney London Borough Council Possession order ultimately made despite public law challenge Newport City Council v McDonagh and others Case summaries Manchester Ship Canal Co Ltd v United Utilities Water Ltd Environment – Sewerage – Discharge Manchester Building Society v Grant Thornton UK LLP Professional negligence – Liability – Auditor Star Pubs & Bars Ltd and another v McGrath Landlord and tenant – Tied pub tenancies – Rent assessment proposal EE Ltd and another v Hackney London Borough Council Telecommunications – Electronic communications code – Interim rights Lennon and another v Englefield and others Solicitor – Duty of care – Extent of duty   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