Legal wrap: Unpaid rent rulings, cladding concerns and a new trespass offence

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, we have the first two High Court decisions on unpaid rent claims arising out of the pandemic – with more sure to follow. Look out for further analysis of these cases next time. In addition, our hugely informative data series comes to an end, and other topics covered include key questions over the planning process, how to take cladding concerns into account in valuations, a new trespass offence – and more. Legal news High Court orders Sports Direct, Cineworld and Mecca to pay rent arrears ‘Whimsical’ building use qualifies as ‘occupation’, rules High Court judge The Fragrance Shop ordered to pay Westfield London rent Court of Appeal leaves Lancer defence intact in row with Abu Dhabi royals Legal features Fail to plan, plan to fail – avoiding planning permission pitfalls Hannah Quarterman stresses the importance of a sound planning strategy A transformative approach to data Conrad Davies, Tamara Quinn and Catherine Hammon discuss shaping the contractual framework for a data-centric real estate strategy Taking cladding into account in valuations Sebastian Deckker answers key questions on the updated RICS guidance Under new management: what should happen to service charge arrears? The Court of Appeal has brought welcome simplicity to an unnecessarily complex procedure, writes Michael Walsh Legal note: Right to buy leases and structural defects Elizabeth Dwomoh addresses whether the costs of repairs that also cure a structural defect in a building are recoverable Is new law the answer to trespass? Danny Revitt and Elizabeth Thomson discuss a new criminal offence for trespass Practice points How do the courts calculate damages for trespass? Little v Matthew What constitutes occupation of premises for rating purposes? R (Secretary of State for Health and Social Care) v Harlow District Council The court stays proceedings temporarily to facilitate a restructuring process Riverside CREM 3 Ltd v Virgin Active Health Clubs Ltd A tenant was liable for arrears of rent accruing due during the pandemic Commerz Real Investmentgesellschaft mbH v TFS Stores Ltd What is ‘reasonable promptitude’ when applying for relief from forfeiture? Keshwala v Bhalsod Case summaries House of Mayfair Ltd v Aitchison and others Leasehold enfranchisement – Collective enfranchisement – Development hope value Commerz Real Investmentgesellschaft mbH v TFS Stores Ltd Landlord and tenant – Arrears of rent – Business premises R (Secretary of State for Health and Social Care…) v Harlow District Council Non-domestic rates – Rates avoidance scheme – Occupation of premises Alberti v Cadogan Holdings Ltd Landlord and tenant – Leasehold enfranchisement – House Keshwala and another v Bhalsod and another Landlord and tenant – Relief from forfeiture – Reasonable promptitude R (Hillingdon London Borough Council) v Secretary of State for Transport and anr Town and country planning – Approval – Local authority Burleigh House (PTC) Ltd v Irwin Mitchell LLP Civil procedure – Summary judgment – Professional negligence   For more legal articles and to search our extensive archive, visit EG Legal    To send feedback, e-mail jess.harrold@egi.co.uk or tweet @estatesgazette