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Legal wrap: Renters (Reform) Bill, Building Safety Act 2022 and In on the Act

Welcome back to the EG Legal newsletter, catching you up on two weeks of quality content – including written and audio response to the launch of the Renters (Reform) Bill.

Whether you prefer to digest our expert article, or listen to the latest episode of our In on the Act podcast series, we have you covered on the main provisions of the bill and what it will mean for tenants’ security of tenure and landlords’ freedom to evict them.

In addition, we have by far our most comprehensive analysis yet of the Building Safety Act 2022 – a definitive guide to its various parts, how they work in practice and a timeline for implementation, including a round-up of secondary legislation around the Act.

A wealth of other topics range from MEES, to floating offshore wind, to the continuing impact of the Supreme Court decision on the Tate Modern viewing platform.

Legal news

Supreme Court backs Nuffield Health in charity rates dispute
The court has ruled that the health club operator is entitled to an 80% reduction in its rates bill

In on the Act: Will the Renters (Reform) Bill strike a fairer balance for landlords and tenants?
LISTEN Jess Harrold is joined by Imogen Dodds of Falcon Chambers to discuss the Bill

Arbitrator cuts London Docklands Hilton Covid rent debt to £500,000
Decision follows more than a year of arbitration between hotel and freeholder

Court backs insurers over Pizza Express in latest round of BII cases
Preliminary ruling potentially limits significant part of claim to under £1m

Central European real estate giant dispute may spill over to London courts
Two businessmen are attempting to sue CPI Property Group and major shareholder Radovan Vitek

Legal features

Navigating the Building Safety Act
Amy Allen and Hannah Ouseley provide a comprehensive yet straightforward summary of the legislation

A move towards leasehold reform?
Simon Kerrigan and Colin Young offer their thoughts on the Renters (Reform) Bill

View from the bar: When paperwork goes wrong
Guy Fetherstonhaugh KC and Cecily Crampin feel greater care should be taken by rule-makers in imposing conditions for compliance at which people routinely fail

The clock is ticking on MEES compliance
Stricter EPC requirements for commercial property are mere years away, requiring action now, writes Richard Vernon

Giving the green light to green lease clauses
Gemma Siviter stresses how collaboration between landlords and tenants is key to agreeing green lease clauses

Focus on floating offshore wind
Paul Maile and Karen Mutton consider the role that floating turbines will play in hitting green energy targets

The considered view on Tate Modern
Natasha Rees looks at the fallout from the decision on the Tate Modern viewing platform

Legal note: Surrendering a joint tenancy
Elizabeth Dwomoh tackles a recent judgment provided a useful summary on surrendering a joint tenancy by operation of law

Legal note: Bombshell ruling for University of Exeter
Stuart Pemble considers the difficulties caused by an unexploded Second World War bomb

Practice points

Service charges: experience alone is not enough
Assethold Ltd v The Lessees of Flats 1-14 Corben Mews

Beneficial ownership: jurisdictional issues
Heslop v Heslop and another

Enfranchisement: substitution of reversioner
Airspace Developments Ltd and another v Bennets Courtyard Freehold Ltd

Appeal succeeds where court backdates issue of claim form
Walton v Pickerings Solicitors and another

Enfranchisement: can FTT undertake the material enhancement valuation exercise?
Chapman and another v Alaska Management Co Ltd

Breach of covenant: costs of pointless proceedings
Avon Ground Rents Ltd v Ward

Meaning of ‘live/work’ in a 999-year lease
AHGR Ltd v Kane-Laverack and another

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

RTM: consequences of a failure to serve a notice inviting participation
Baron Estate Management Ltd v Wick Hall (Hove) RTM Co Ltd

Application to vary injunction requires a change of circumstances or new facts
Hart District Council v Freeman and another

Case coverage

Case summary: Walton v Pickerings Solicitors and another
Practice and procedure – Claim form – Service – Extension of time

Case summary: Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Co Ltd
Leasehold enfranchisement – Right to manage – Qualifying tenants

Case summary: Hart District Council v Freeman and another
Town and country planning – Injunction – Variation – Material change of circumstances

Case summary: McCarthy v Jones and another
Breach of contract – Estoppel – Damages

Case summary: Devine v Secretary of State for Levelling up, Housing and Communities
Town and country planning – Enforcement notice – Appeal

Case summary: Shell UK and others v Persons Unknown
Practice and procedure – Injunction – Persons unknown

Law report: Rakusen v Jepsen and others
Landlord and tenant – Rent repayment order – Superior landlord

Law report: R (on the application of Day) v Shropshire Council
Town and country planning – Public open space – Material consideration


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

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