PropertyLaw.guru Blog

EG (Estates Gazette) 22nd Sept - update..

p. 65 Restrictive Covenants - great summary of the current apparent willingness of the courts (UT) to vary or release even recent restrictive covenants in a steady stream of cases where they have been held to be redundant as the area has changed, or relaxation was reasonable. Is this a public policy decision to release more land for housing?

p.67 AST blues. Don't get caught on a technicality. The problems of not providing an EPc preventing termination by a s.21 notice plus the need for agents to hold money under an approved scheme come 1/4/19

p.68. More restrictive covenants! 'Consenting Adults' looks at working out who you need to get to consent to a change of use, where there is an absolute prohibition, death or dissolution of the covenant imposer, and impossibility arguments

p.70 -  CIL traps in NPPF looks at the requirement for 10% affordable housing (undefined), there is very strong chance that developers, in attempting to comply with the 10% requirement for affordable units may accidentally end up adopting a tenure of such housing for which they cannot claim CIL relief! This will CIL the deal for sure, but the article points out some work arounds and looks forward to clarification or rectification of this point.

p.71 yet more restrictive covenants with a practice point about s.84 LPA25 again and the modification of restrictions requiring use of a home for blind people only..

Also an interesting case about s.30(1)(f) and the need to prove intention to redevelop when opposing a 54 Act lease renewal Santander v LPC Estates Ltd. The Supreme Court will hopefully clarify the law in this area soon!

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