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Legal wrap: Business rates, lessons from the bar and the Covid arbitration bill

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

As promised last time, this week we have further analysis of the Commercial Rent (Coronavirus) Bill and the arbitration process for pandemic-related rent disputes that it will introduce – including a must-listen podcast. Not only that, but we have the latest damning assessment of the government’s handling of business rates, and some valuable lessons from a law firm partner-turned-barrister, learned during his first two years at the bar and shared for the benefit of solicitors everywhere. Plus plenty more below.

Legal news

Commercial rent arrears recovery: what do the new proposals look like?
Helena Davies of Brabners discusses the Commercial Rent (Coronavirus) Bill and the new Code of Practice for landlords and tenants

Developer wins appeal over planned retirement village by Devon beauty spot
Council claimed planning permission had lapsed as no lawful development had taken place

Legal features

Commercial Rent (Coronavirus) Bill – billions in the balance
Andrew Todd and Chris Ives consider whether the proposed arbitration process will mean that insurers are asked to pay a bigger share of rent arrears

Lessons for transactional solicitors learned at the bar
Michael Ranson shares what his first two years as a barrister have taught him

Business rates: where are we now?
After showing signs of promise, the government must try harder, says John Webber

A call for reform in the Landlord and Tenant Act
Paul Tonkin shares the results of a recent survey of the Property Litigation Association’s membership

The post-Covid recovery of the construction industry
Suzanne Wood and Adam Stanley assess the outlook for construction industry cash flow as the sector takes centre

Legal note: Digging into mines and minerals
Louise Clark analyses a ruling on rights to mine Welsh mudstone

Practice points

Rent repayment orders: poor mental health and the defence of reasonable excuse
AA v Rodriguez and others

TOLATA: the test for occupation rent and exclusion
Bailey v Dixon

Right to manage: withdrawal of claim notices
Eastern Pyramid Group Corporation SA v Spire House RTM Co Ltd

Property ownership: resulting or common intention constructive trust
Ravendark Holdings Ltd v Rotenberg and others

Succession: vesting of an assured tenancy on intestacy
Clarion Housing Association Ltd v Carter

Working from home – a material change of use?
Sage v Secretary of State for Housing, Communities and Local Government

CPO compensation: the perils of expert evidence
Salford Central in Timec 1209 LLP v Salford City Council

Case summaries

Wynne v Yates and another
Landlord and tenant – Service charges – Interim payments

Bailey v Dixon
Trusts – Joint ownership – Occupation rent

Ravendark Houghton Holdings Ltd v Rotenberg and others
Property – beneficial ownership – Constructive trust

R (on the application of Cava Bien Ltd) v Milton Keynes Council
Judicial review – Defence – Standard of proof

Clarion Housing Association Ltd v Carter
Landlord and tenant – Assured periodic tenancy – Succession

Law report

Wynne-Finch and others v Natural Resources for Wales
Land – Mines and minerals – Trespass

 

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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