PropertyLaw.guru Blog

Estates Gazette articles - 23 Feb 19

p. 49 Third and fiinal part of the excellent mini-series about dealing with mixed use developments. This one looks at build to rent, the need for a ready made community, concierges, flexibility and cost transparency.

p.51 End of the road for residential leasehold? Article questioning whether it needs to be replaced. Will it happen? (When hens have teeth, is my view). Points out the problems with common hold, and the fact that the problems are the same whichever system - payment of costs of management and maintenance, and enforcement.

p.52 What to do if your landlord goes bust. It does happen - many city landlords are in breach of their lending terms. What are the effects and what can tenants do?

p. 53 Drones - what are the controls and what should be done?

p.54 Roberts v Parker dealt with some bad drafting in an easement and a restrictive, the result of which was not remedied by the court. Just because you have the benefit of a right doesn't mean you have to accept the burden if the drafting was wrong.

p. 54 s.146 notices - serving the notice too early is fatal

p.55 Building environmental performance such as MEES, the need for more flexibility in leases, energy storage etc are important issues

p.56 Retirement living planning considerations & the C3 use class need to change to address the ageing population. Also s.106 & CIL contributions should be different and less onerous for retirement living developments.

p.57 Duval v Randolph Crescent emphasised the inability of a landlord to relax a covenant on one residential long lease when the other tenants objected and the leases have an obligation on the landlord to enforce covenants in other leases if required by the other tenants. This decision is being appealed to the Supreme Court given it public importance!
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