PropertyLaw.guru Blog

EG 21-09-19

P.24 Microflats denouement? Article looking at the rise and fall of micro flats of sometimes 13sqm! A lot are either unsold and risk negative equity. Don’t buy…unless you want to lie in bed, cook a meal and wash your hair - all at the same time..

P.51 CVA part 2 - a very brainy discussion on how a landlord might be able to  challenge a tenant’s CVA (topical as Mike Ashley’s attempt to challenge the Debenhams CVA has failed). Unfair prejudice, the principles of safeguards against oppression and collateral advantage and the current case law is considered.  A must for property litigators acting for L’s.

P.54 Residential Tenancy Deposits. Debates whether the balance between L’s and T’s rights is fair. Good summary on the law of such deposits, the steps L’s need to take before seeking possession and possible remedies of each party

P.56 More Telecoms Code analysis, now a regular quarterly feature. 5G will need an astonishing 800 more sites per sqkm than 4G and each one will need a 20m exclusion zone from radiation! EE v Chichester, which applied the Franses test to challenges under the code claiming the right to redevelop as a ground for refusal. Also the ‘no scheme’ valuation for rental which reduced the rent from £21,000pa to only £50 pa. Plus the effect of the new bigger exclusion zones might mean L’s can redesign roofs to effectively prevent them being suitable for masts! War has started..

P.58 Climate change and sheep. Yes they are linked and also to Brexit. Predictions for the future of farming and effect on climate change

P.59 Restoration of a company to the register -(a common problem for tenants where the management company has been struck off). The buyer company on a £92M sale forgot to notify change of r/o and was struck off! Seller terminates contract. Buyer company is restored 2 months later. Result - first case on the meaning of s.1028(3) CA2006 as regards the curative effect of such restoration. Result -the restorative effect did not restore the contract!
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