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Party walls: Airspace developments

There are issues involving the Party Wall etc. Act 1996 when it comes to airspace development, some of which are not always clear to developers. Edward John explains how problems arise, picks apart some of the tricky situations that developers are likely to encounter and offers a few tips for dealing with them Developers need …
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Construction focus: The Building Safety Fund – Procuring remedial works

Following last month’s article exploring the key considerations for leaseholders and building owners where fire safety defects are suspected or identified, Emily Holdstock summarises how to make a claim under the Building Safety Fund and the requirements of MHCLG to ensure that applications can proceed It is vital that building owners familiarise themselves with the …
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Telecommunications infrastructure: Further consultation

On 9 June 2021, the government launched its latest consultation on the Telecommunications Infrastructure (Leasehold Property) Act. Anna Mullins considers the proposals DCMS believe that Part 4A Orders, allowing telecoms operators to enter private property without the express permission of the property’s owner, should only be used where all reasonable efforts to communicate with the …
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Leasehold reform: More clarity required

Jonathan Frankel considers the government’s proposals on the abolition of ground rent following the recent announcement by Aviva and Persimmon to change the way in which they operate their leasehold properties Existing leaseholders with a short term left on their lease, which they are looking to extend, now have a real dilemma on their hands. …
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Landlord and tenant: To forfeit or not to forfeit?

Emma Wells considers the government’s proposals to extend the ban on evictions, what protection the right to forfeit offers commercial landlords in practice and the merits, or otherwise, of evicting commercial tenants for their failure to pay rent in the current climate A blanket ban on forfeiture for non-payment of rent leaves the system open …
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Rent and interim rent: Valuations in the time of Covid-19

Joanne Wicks QC considers the findings of S Franses Ltd v The Cavendish Hotel (London) Ltd ‘round two’ If the lease renewal is unopposed from the start, interim rent is determined under s24C, which contains a presumption in favour of the interim rent being the same as the rent for the new tenancy. In ordinary …
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The National Security and Investment Act 2021: Don’t be caught out

Geraldine Pigot considers the potential implications of the new National Security and Investment Act Failure to comply with the NSI Act can have far-reaching consequences for the entities involved and their officers. It is therefore vital that entities and their advisors understand how the NSI Act may affect their transaction. The National Security and Investment …
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Queen’s Speech: Ground rent reform

The government’s proposal around leasehold ground rent reform has now taken shape following the Queen’s Speech. Mark Vinall, James Duncan and Ruth Barnes examine the proposals Developers (and freehold investors) will need to examine the dates on which their buyers’ contract to buy units off-plan, as compared to the commencement date of the Bill. In …
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The cladding crisis: Time is of the essence

With the number of leaseholders affected by the cladding crisis estimated at 4 million and counting, Ryan Didcock and Sarah Heatley of Forsters LLP explore what practical steps leaseholders and building owners should take if fire safety defects are identified in a residential high-rise building Depending on the age of the building, claims may be …
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Remote hearings: A review of practical tips, one year on

Harriet Holmes reviews the situation just over a year on, and provides some practical tips from the viewpoint of someone who has done several remote hearings, by telephone and video, of various lengths The need for proper and timely preparation for a remote hearing cannot be underestimated. The senior judiciary said, in March 2020, that …
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