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Legal wrap: Twitter, compulsory purchase and service charges

Welcome to your weekly round-up of the pick of the content published on EG Legal.

This week, we have an analysis piece on the soaring cost of residential service charges over the last 12 months, how landlords and tenants have responded and the best way forward.

In addition, with the Law Commission announcing plans to once again conduct a review of compulsory purchase, a planning expert shares his aspiration that this might finally bring order to a chaotic area of law.

Podcast fans can enjoy our latest On the Case, this time on the issue of property guardians and what they mean for the rating of otherwise empty premises.

Legal news

On the Case: Rating premises with property guardians
LISTEN Roger Cohen offers an update on a dispute over the impact of the use of property guardians on empty rates

Brunswick Centre wins permission to appeal retail space ruling
Owners seeking to overturn 2003 planning permission

Crown Estate and Twitter settle lawsuit over rent arrears
The social media giant has a £2.6m lease at 20 Air Street offices

Weightmans moves to Birmingham’s tallest building
Law firm takes 12,132 sq ft at 103 Colmore Row

Upper Tribunal further erodes status of property guardians
The tribunal ruled that occupation by guardians is only a temporary use

SFO seeks £92,000 over Kallakis’ school building donation
Serious Fraud Office steps in after convicted mortgage fraudster’s son receives settlement from school

Legal features

Is it finally time for a fair CPO?
Raj Gupta says the Law Commission’s latest review of compulsory purchase orders offers the opportunity to finally bring order to the law

Is mediation ready to become mandatory?
Jacqui Joyce takes a look at the Centre for Effective Dispute Resolution’s latest Mediation Audit

The cost of the service charge crisis
Simon Hartley addresses how landlords and tenants have responded and what can be done to reduce the risk of disputes

Nothing worthwhile is easy – getting notices right
Claire Thornber and Patrick Campbell Corcoran highlight three recent Scottish decisions that show some of the pitfalls of notices

Data, sustainability and the green glass slipper
Integrating sustainability data and real estate data is fundamental to decarbonising real estate, writes Alister Langdon

Legal note: When adjudication principles collide
Stuart Pemble analyses a TCC judgment upholding an adjudicator’s decision which presented two alternative outcomes

Practice points

Persons unknown: parties joined to proceedings obtain orders for costs
Ineos Upstream Ltd and others v Persons Unknown and others

Beneficial ownership of property: attempt to evade confiscation order fails
Milsom and another v Smith and another

Can NHS trusts fund services through section 106 contributions?
R (on the application of University Hospitals of Leicester NHS Trusts) v Harborough District Council

‘Salami slicing’ lead to quashing of planning permission
R (on the application of Ashchurch Rural Parish Council) v Tewkesbury Borough Council

Real property: dissolution, disclaimer and subrogation
Leon v Kensington Mortgage Company Ltd and another

Service charges: re-apportionment and jurisdiction of the FTT under section 27A(6) – revisited
Aviva Investors Ground Rent GP Ltd and another v Williams and others

Covenants: trade restriction upheld
Hodgson and another v Cook and others

Rating consequences of offices occupied by property guardians
Ludgate House Ltd v Ricketts (valuation officer) and another

Landlords without management functions and the right to manage
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd

Easements: ancillary rights
Gosling and others v Bradbury and another

Case summaries

Owadally and another v Planology Ltd and others
Negligence – Summary judgment – Strike out

Après Lounge Ltd v Wade
Negligence – Occupier’s liability – Duty of care

Hodgson and another v Cook and others
Restrictive covenant – Modification – Estate

Law report

Candy v Commissioners of HM Revenue and Customs
Taxation – Stamp duty land tax – Repayment


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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