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Legal wrap: Second staircases, Landlord and Tenant Act and ‘Green Day’

This week, we tackle the hot topic of second staircases for tall buildings, the subject of a government consultation that may well make them a necessity for residential buildings over 30 metres tall – with that threshold perhaps ending up as low as 18m.

This poses considerable challenges for developers, and for owners of existing single-staircase buildings.

In addition, our regular “View from the Bar” column tackles reform of the Landlord and Tenant Act 1954, and the changes our barristers would like to see.

We also cover what the government’s “Green Day” announcements mean for real estate, and other matters.

Legal features

The debate over second staircases
Olivia Barton addresses the practical implications of the new second staircase requirement

View from the bar: Sprucing up the 1954 Act
Guy Fetherstonhaugh KC and James Tipler share their views on the strategic reform of the legislation that could make it fit for the modern world

Net zero and the push for a greener tomorrow
Laura Haworth and Louise Irvine take a look at the government’s “Green Day” announcements and their implications for real estate

A new chapter in the CLLS Certificate of Title
Jackie Newstead and Warren Gordon offer an update on the latest changes to the City of London Law Society Land Law Committee Certificate of Title

Seed your knowledge of Local Nature Recovery Strategies
Caroline Stares rounds up key points for landowners regarding the strategies established in the Environment Act 2021

Legal note: Circumventing the right of first refusal
Elizabeth Dwomoh covers an interesting case arising from a breach of the right of first refusal under the LTA 1987

Practice points

Basement development – high level of recklessness cannot be an accident
Gueterbock and another v MacPhail and others

Misrepresentation in property sale – seller liable for damages
Rosser v Pacifico Ltd

Public Order Act – proportionality plays no part in conviction under section 14
Director of Public Prosecutions v Eastburn

Dispute resolution mechanism precludes reference to court unless deadline met
University of the Arts London v Legal & General Pensions Ltd and another

Restrictive covenants: Tribunal has no jurisdiction to discharge covenant affecting disposal of land
Re Cammiade: 1 Acacia Grove

Case summaries

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd
Contract – Repudiation – Preliminary issue

Transport for London v Persons Unknown and others
Practice and procedure – Trespass – Injunction

R (on the application of Devonhurst Investments Ltd) v Luton Borough Council
Town and country planning – Enforcement notice – Validity

Peterson and another v Howard de Walden Estates Ltd
Practice and procedure – Court fee – Procedural error

Law report

Barton and others v Morris and others
Restitution – Unjust enrichment – Introduction fee


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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