October 2016 #345 – Law Journals

Construction Focus: When to refer

John Starr analyses a case that may widen the scope of construction adjudication ‘Murphy issued proceedings seeking a declaration in effect that the adjudicator had no jurisdiction under the scheme provisions to entertain a dispute arising out of the alleged final settlement. This was predicated on the argument that such a dispute did not arise …

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Planning Update: A layer of complexity

Lucy McDonnell examines the ramifications of the Localism Act five years on ‘A large number of communities have taken the opportunity to prepare neighbourhood plans, with more than 200 having passed referenda and more at various stages of preparation.’The Localism Act 2011 obtained royal assent in November 2011, gradually bringing into effect a raft of …

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Vacant Possession: Take it away

Rosalind Cullis discusses a case which serves as a salutary reminder of the importance of compliance with break conditions ‘If there is a substantial impediment to the landlord’s use of the property, or a substantial part of it, then vacant possession has not been given.’ What amounts to vacant possession has, once again, been considered …

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Landlord And Tenant: No proportionality for possession orders

It is now clear that tenants of private landlords cannot rely on human rights to prevent eviction. Kary Withers reports ‘Residential occupiers in the private sector are unable to defend a possession claim by relying on the proportionality test laid down in s6 of the Human Rights Act 1998 and Art 8 of the European …

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Service Charges: Welcome clarity on major works

A recent case makes clear that the consultation obligation lies with the superior landlord. Jessica Parry explains ‘Landlords are usually keen to avoid disputes and get the consultation procedure right before incurring substantial sums on major works.’In the recent case of Leaseholders of Foundling Court and O’Donnell Court v The Mayor and Burgesses of the …

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Break Clauses: Beware the hypothetical tenant

Peter Lewis highlights the dangers to landlords of early break clauses when negotiating a renewal ‘Section 34 of the 1954 Act stipulates that in default of an agreement between a tenant and landlord, a court may determine the rent payable under a tenancy granted by a lease.’ With regard to rent valuation, decided cases demonstrate …

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Repair: A sensible path

Douglas Rhodes considers the residential landlord’s liability to repair external common parts ‘The Court of Appeal’s decision came as a surprise to many intermediate landlords and property managers, because it opened up the possibility of personal injury claims against intermediate landlords in circumstances where one would not generally expect them to be liable.’ The facts …

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