PropertyLaw.guru Blog

EG 14-12-19

P.63 How the Grinch stole legal. Light hearted review of the important cases of the year, Franses, Feam v Tate, EMA,Smailes, etc etc.

p.66 Dilapidations claims are increasing in volume as leases are not being renewed and properties repurposed. Good outline of the procedure, how it is calculated and the statutory cap. Also considers the difference in different jurisdictions in the UK, ‘suppression’, goodA-  repair, loss of rent.

p.68 Telecoms code pt 2. Reviews Cornerstone v Compton Beauchamp & v Asloch. Who has code rights? A  - the physical occupier. What is the effect of the operator holding over under a ’54 Act lease? A- use the said act’s procedure, then give 6 months notice under the code and seek renewal under part 5 of the code. The government intends to amend the code to make it easier for operators to get code rights via the UT.

p.69 The case of Finney v Welsh Minister confirmed that s.73 applications ‘appeal against conditions’, which will result if granted in a new planning permission, can only be used to remove conditions rather than to change the description of the development which has already been permitted or to introduce a condition that alters the nature of what had been permitted. So an initial application for two wind turbines with a tip height of 100m cannot be varied under a s.73 application to increase the tip height to 125m.

p.70 What happened in 2019 from the perspective of a rural practitioner - basically it comes down to the flurry of telecoms code cases, with the farmer/landowner losing out mainly. Also CGT, ag & business relief on a property mainly let for grazing, and IHT valuations.

p.71 The Registration Gap - the consequences on service of break notices is that the assignor can serve the notice after the assignment but before registration is completed. Also, can the purchaser of a reversion serve a s.17 notice on the tenant to preserve the right to arrears of rent before the 6 month limit for such notices expires if it is not registered as the proprietor? Unknown (- but perhaps emphasises the need to deal with that in the purchase contract).
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