Legal wrap: Tate Modern, leasehold reform, EVs and valuation

Welcome to your weekly round-up of the pick of the content published on EG Legal. This week, we have news just in from the Supreme Court, which has found in favour of residents living next to the Tate Modern in their long-running nuisance claim over the art gallery’s viewing platform. Learn about the result below, with more coverage to follow next time. And there’s plenty for you to read and listen to. A trio of podcasts provide the audio, with topics covered ranging from the implications of the Leasehold Reform (Forfeiture) Bill to the engagement of people with mental health issues in our planning system – as well as an engaging interview with Nicky Richmond, reflecting on her legal career. On the written side, articles cover electric vehicle charging points, the receipts and expenditure method of property valuation and more. Legal news Apartment owners win long-running Tate Modern case Supreme Court rules viewing gallery a “nuisance” against two earlier judgments Bristol Airport expansion given go-ahead by High Court Decision will increase passenger capacity to 12m per year Arbitrator writes off £157,000 rent arrears for Astor Hostels Hyde Park Backpacker hostel will have to pay just £39,000 of Covid rent arrears In on the Act: The Leasehold Reform (Forfeiture) Bill LISTEN EG discusses the Leasehold Reform (Forfeiture) Bill with Falcon Chambers Bricks & Mortar: Nicky Richmond reflects on her career in property law LISTEN EG speaks with ex-Brecher managing partner Nicky Richmond about her law career Mental health and the planning system LISTEN Experts discuss the impact of mental health on engagement with the planning system Legal features Telecoms: is it a lease or a licence? COMMENT This latest case shows that operators will have their preferred route through the Code Legal note: Commercial service charges – a solution Louise Clark analyses a Supreme Court case involving a national retail chain and the weight of contractual words Charging to net zero Anthony Alderman and Nesa Kayoueche take a look at the key considerations involved in installing charging points Getting to grips with valuations Roger Cohen explains why the receipts and expenditure method is an appropriate way to value certain properties What new carbon factors mean for EPCs Changes to carbon factors could have a significant impact on EPCs for commercial buildings, writes Adam Balfour Practice points Service charges: implied repairing obligations do not prohibit recovery of costs of lift repairs Anchor Hanover Group v Cox Stay lifted on proceedings which predated accrual of adverse possession Malik and others v Malik Business rates: tenacity and persistence pay off in assessment for small hotel Arma Hotels Ltd v Bunyan (Valuation Officer) Business rates: category B worth more than category A Bunyan (Valuation Officer) v Acenden Ltd Occupiers’ liability: no liability for failure to provide a construction phase plan Lewin v Gray Service agreement: terms limited to precisely what was agreed and no more Barton and others v Morris and another Case summaries Armstrong v Secretary of State for Levelling-up, Housing and Communities Town and country planning – Planning permission – Variation Barton and others v Morris and others Restitution – Unjust enrichment – Introduction fee Bunyan (VO) v Acenden Ltd Rating – Non-domestic rates – Valuation Lewin v Gray Negligence – Occupier’s liability – Common law duty of care Malik and another v Malik Landlord and tenant – Adverse possession – Abuse of process Law report Hillside Parks Ltd v Snowdonia National Park Authority Town and country planning – Planning permission – Pilkington principle 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