PropertyLaw.guru Blog

Estates Gazette 16 Feb 19

Stop press - the High Court rejected the claim by the European Medicines Agency that Brexit operated to frustrate the lease it had entered into - https://www.theguardian.com/politics/2019/feb/20/european-medicines-agency-loses-bid-to-end-uk-lease-over-brexit

If allowed this would have opened the floodgates to clams by tenants - the Agency may still appeal..

Non law articles of interest:

p13 A Regus flexible working single property SPV subsidiary has applied for voluntary liquidation to get out of its lease.  A warning to clients who grant leases without parent company guarantees for SPVs

p26 Almost two-thirds of Toys R Us retail sheds are still empty a year later - showing what a tricky time it is for big-box retail and how tenants can afford to be more aggressive in their demand for lease terms

Legal articles

p49 Second on a three part series on mixed use developments. This time looking at service charge provisions in leases, Rights to Manage, duties to consult on service charges, etc

p.51 Rights to use leisure facilities can now operate as easements following the Regency Villas decision. Examines the consequences and how far this will go

p.52 The law as it applies to the 'travelling community' - caravan sites, trespass, public land and ejection therefrom

p.54 SDLT - what is residential property or a dwelling is something that many solicitors get wrong when dealing with LTT or SDLT, a recent decision, discussed here, makes it clear more care, and external expert advice may be a good idea

p.55 Climate Change- what are the consequences for building insurance arrangements?

p.56 Terminal dilapidations insurance protects tenants against unexpected huge claims by landlords at the end of the lease - this looks at how this works and where it is going in the market

p.57 Enfranchisement of common parts - sub soil, airspace and basements can be valuable. Could a nominee purchaser on a collective enfranchisement claim this? LM Homes v Queen Court Freehold - not as straightforward as might be thought...

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