PropertyLaw.guru Blog

Estates Gazette - 9th March 2019

Brexit frustration? Well the European Medicines Agency has been granted leave to appeal against the dismissal of its frustration claim - this one will run and run. If industry wasn't terrified by today's shambles in Parliament it will be if Brexit can frustrate leases! No indication yet of when it would be heard.

Tons of diversity related articles in this issue trying to redress surveying and property as an undoubtably a male dominated industry. Interesting reading!

p.58 Beds and Sheds? First big London development of 1,300 new homes built by Barratt and 240,000 sq.ft. of light industrial SHEDS built by SEGRO (not the garden variety!!) on the same 30 acre former Nestle plant,  announced - mixed use indeed!

Legal articles

p.73. Is it time to change the law of leases, licences, tenancies at will and so on, replacing it with a simpler system. Looks at the existing position in law and options for change

p.75 How much is that pylon on the rooftop?  Looks at a recent case where the renewal lease rental for a mobile phone mast went down from £13,000 to only £1,000 as a result of the new rules introduced by the revised Telecommunications Code. It looks like the days of healthy sums for mobile phone mast rent are now over and you will just get agricultural value rentals for fields and almost nominal rents for rooftops

p.76 Brilliant article by the Seitler barrister double-act on whether a landlord can really object to tenant's alterations - reviews the applicable law and practice in this area

p.78 Fairly ground-breaking Court of Appeal decision in Thorpe v Frank [2019] which held that an area of paving laid by a squatter gave rise to adverse possession  even though it was not fenced in any way!

p.79 Opposing business lease renewal under s.30(1)(f) - redevelopment. Looks at the much reported case of Frances, and whether a landlord granting a building lease to a proposed tenant will prove the 'intention to redevelop' needed under that subsection. But any sham arrangement may not work, so as a landlord you need to have it signed up and be genuine before you make this argument

p.80 Property litigators will be interested in this article about the extent of the power of the court to order disclosure of emails or other information relevant to, for example, a rent review and the protection of privilege and the prevention of 'fishing expeditions' by the other side

p. 81 Privacy, the law of nuisance and the new viewing gallery in the Tate Modern that gives views into the adjoining residential flats! The High Court case of Fearn v Tate Gallery 2019 held that the owners of the flats could not rely on the Human Rights Act or the European Convention on Human Rights to seek any injunction against the Tate, nor did nuisance cover their 'privacy' complaints, there was no actionable nuisance. But this might be appealed! A good review of the law of nuisance though..
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