PropertyLaw.guru Blog

EG 13-07-19

P.27 Manchester - predictions for the future of the city….

P.49 Rent arrears and service charge apportionment differences between share sales and asset sales. A must for anyone dealing with corporate support property work. Either Completion accounts or apportionment schedules can be used.Excellent summary of the key factors, but have a double expresso first before you read it!

P.51 Restrictive covenants - what are the prospects for getting them modified without having to pay compensation? Looks at s.84 LPA25 grounds (c)  and (aa) and recent cases.

P.52 Community Infrastructure will be changed again (for the 9th time) from1st Sept. Ten main changes outlined, but more needed. 

P. 54 Looks at the Supreme Court decision in Jackson v Canary Wharf that held that if a building is stripped out and incapable of beneficial occupation -  it doesn’t pay business rates.

P.55 In Re. 141a Dunstans Rd [2019] UKUT 171 he UT varied some unusual and restrictive lease-like restrictive covenants requiring the other house’s consent (in one of a pair of semi-detached freehold houses) by adding  provisions that the consent could not be unreasonably withheld. The UT refused to discharge them. It also qualified a restoration on the number of pets by qualifying that again..

p. 55 - S.35 LTA87 - UT refused to vary leases to allow an intermediate L to recover charges from its subtenants that it has to pay to its superior landlord . It was workable, even though bad for L but that was not a reason that allowed them to be varied

P.56 Speeding up planning appeal enquiries. Its at present, on average, 27 weeks for a written reps appeal, 45 weeks for hearings and 44 weeks for enquiry appeals. But PINS is going to immediately implement changes proposed by the Rosewell review to bring it down to 24 weeks from receipt to decision for inquiry appeals. Anyone dealing with planning matters or appeals should read this summary what’s changing  (if they aren’t already aware of the proposals). Early case management, setting of dates for inquiry and so on..

P.57 Grave matters of adverse possession. Could a church get adverse possession of a family vault under the church - answer no. Not likely to apply to your average situation!
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