PropertyLaw.guru Blog

EG 23-11-19

p.23 Another article about the differences between English and Scottish law, this time litigation. Completely different language and structure of litigation. I must read if you are a property litigator who have clients who have a property portfolio in Scotland.

p.67 sex establishment licenses – lapdancing to you, breaches of condition of the license, what happens if you lose the license, is there any liability on the landlord, waiver of forfeiture for breach of lease covenants. A good refresher on enforcement generally, 'specialist' variety.

p.68 article setting out the legal considerations for airspace development, which is going to be the next big thing in London at least. Who owns the airspace, what rights do others have through it, Service charge issues and practical considerations.

p.70 Secure tenancies. A person is entitled to succeed the tenant under a secure tenancy if they fall within the definition of a family member, unless the tenant was himself a successor. Haringey Council v Simawi considered whether certain aspects of this rule breached the European Commission on Human Rights. Did it treat a child of a widowed parent (who could succeed) favourably than a child of a divorced parent (who could not)? Complex situation but there was no discrimination.

p.70 can the first tier tribunal decide whether one of the parties to a relationship, who has been declared bankrupt, as a beneficial interest in a property registered in joint names? Yes

p.71 Business Rates mitigation techniques An entirely artificial rates avoidance scheme involving the creation of leases of empty properties to SPVs that were then put into members voluntary liquidation (and thereby taking advantage of an exemption in the insolvency legislation was effective and the Sec of State was unable to wind up the SPVs as an abuse, as it had claimed. Such schemes are hot issues and clients might want to consider using them where a property is vacant.

p.72 planned changes to the rules on electric vehicle charging points including -  supermarkets will need to add charging points as will new blocks of flats and new industrial units.

p.73 More about the Sequent/Rotrust  Nominees case mentioned in previous issues. Protection against an increased risk of enfranchisement is a legitimate reason for refusing a tenants application for consent.
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