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When does a development agreement between a local authority and a developer fall within the definition of a ‘public works contract’ under the Public Contracts Regulations 2006? Janet Lewis analyses a recent High Court case ‘When considering if the public procurement regime applies it is necessary to look at the whole of the arrangements between …
Continue reading "Development Agreements: To OJEU or not to OJEU – the debate continues"
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Emma Humphreys and Rachel Fletcher review the decision in Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] ‘The approach of the court in determining the interim rent provides valuable assistance to parties who are faced with interim rent valuations under s24D of the Landlord and Tenant Act 1954.’ In the latest in a …
Continue reading "Lease Renewals: Interim rent reappraised"
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Helena Davies considers the law of private nuisance, focusing on a few key concepts that have been assessed in detail in recent Court of Appeal decisions ‘It is not the way a defendant has undertaken his activity that is being tested for reasonableness, but rather the user of the land itself.’ The central concept discussed …
Continue reading "Nuisance: Locality is key"
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When is a house reasonably so called? A recent judgment throws some further light on the issue, as Natasha Rees finds out Enfranchisement practitioners are waiting with bated breath for the outcome of two appeals in the Supreme Court known collectively as ‘Hosebay’. Both appeals concern the definition of a ‘house’ under the Leasehold Reform …
Continue reading "Enfranchisement: More on houses"
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Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward ‘It is common for a break clause to be conditional upon performance by the tenant of its covenants under the lease. Consequently, any subsisting breach of covenant on the part of the …
Continue reading "Tenant: Give me a break!"
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Melissa Thompson and Laura Clegg report on the importance of timing for landlords who want to recover possession of premises for the purpose of carrying on their own business ‘A study of the debate surrounding the introduction of LTA 1954 shows that, when introduced, this ground of opposition was highly controversial.’ The recent Court of …
Continue reading "Lease Renewals: Ground (g) and the ‘five year rule’"
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Laura Oliver and Julia Heyn assess how changes in flood insurance are likely to impact on landords and tenants as well as lenders ‘Since 2000 the ABI and the government have had an agreement known as the Statement of Principles on the Provision of Flood Insurance. The Statement was revised most recently in 2008 and …
Continue reading "Flood Insurance: Forecasting problems ahead"
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Caroline DeLaney contemplates the new offence of squatting in a residential building, and the background to it ‘In introducing the new offence of squatting in residential premises the government has fallen short of criminalising squatting in non-residential buildings.’Tucked away in s144 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 is the new …
Continue reading "Squatters: A missed opportunity?"
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Recent case law highlights the growing number of claims being brought by lenders against valuers in the downturn. Peter Levaggi investigates ‘Valuers face substantial difficulty in attempting to arrive at a market value in circumstances where very little market exists.’ The volatile property development sector has led to increased pressure on surveyors. The problem arises …
Continue reading "Negligent Valuation: Valuation issues"
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Angus Evers and Juliet Munn consider whether planning permissions and environmental permits can provide an effective defence to a nuisance claim ‘Unless Parliament or the higher courts clearly direct otherwise, private law rights are unaffected by statutory regulation.’ Two recent cases have provided some clarity on the defence provided by environmental permits and planning permissions …
Continue reading "Planning And Environment Update: Permits and permissions as defences"
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