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Legal wrap: Unneighbourly disputes, Covid rent arrears and an ash disposal site

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

This week, the focus is on two key pieces of legislation. The Leasehold Reform (Ground Rent) Act 2022 has finally received royal assent, and we have an expert summary on what it means for ground rents in residential leases.

Meanwhile, the Commercial Rent (Coronavirus) Bill continues to make its way through parliament, and authors from the Property Litigation Association outline some of the major concerns they have about the arbitration process it will introduce to resolve outstanding disputes over pandemic lockdown rent arrears. On a related note, our Clause for Thought series covers lease provisions for rent arrears, and there’s much more below.

Legal news

High Court rules in unneighbourly dispute between Knightsbridge mansion owners
Fallout over access led to the first High Court case relating to Access to Neighbouring Land Act

Parish fails to block extraction of millions of tonnes of ash from green belt
Judge backs planners over development of a pulverised fuel ash disposal site

Legal features

Is the Commercial Rent (Coronavirus) Bill fit for purpose?
Lauren King and Peter Bourke highlight a number of flaws in the government’s planned arbitration process for Covid lockdown rent arrears

Losing ground: inside the Act abolishing ground rents in new long resi leases
Robert Barham assesses the Leasehold Reform (Ground Rent) Act 2022

Back to Basics: What is a house in multiple occupation?
Adam McDonald offers a straightforward guide to HMOs

Rent controls: striking the right balance
Brian Hutcheson asks if rent controls act as a barrier to investment north of the border

Evaluations in valuation: further guidance on rents under the Telecoms Code
Laura West says, as usual, it’s good news for the operators, and little consolation for landowners

Clause for thought: clawing back arrears
Taking a pragmatic approach to arrears will keep a sale on track

Practice points

Inflated purchase price through landbanking scam does not preclude hope value
Budhathoki and others v Metropolitan Borough Council of Stockport

Access to neighbouring land: ‘love thy neighbour’ and resolve your differences
Prime Holdings 11 Ltd v Thurloe Lodge Ltd

Estate administration: severing a joint tenancy
Dunbabin and others v Dunbabin

Party walls: when does the Party Wall etc Act 1996 apply?
Shah v Power and another

Extra courtesy needed when dealing with bankrupt’s spouse
In the matter of Swan (acting as a trustee) v Joyce and Joyce

Lease extension: valuation conundrum when a property is sold in quick succession
Brickfield Properties Ltd v Ullah and others

Case summaries

Shah v Power and another
Party wall – Party Wall etc Act 1996 – Jurisdiction

R (on the application of Whitley Parish Council) v North Yorks County Council
Town and country planning – Planning permission – Green belt – Ash disposal site

Dunbabin and others v Dunbabin
Property – Beneficial joint tenancy – Severance

Whitehall Capital Ltd v Land South East Ltd
Contract – Construction – Side letter

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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