PropertyLaw.guru Blog

EG 25-05-19

p.61 MEES - Key questions on exemptions. Excellent outline of the process of registering an exemption for residential or commercial landlords of F or G rated properties who want to avoid criminal liability, the effect and duration of an exemption and the types of exemption

P.63 Insurance risks in building contracts like the JCT, who takes it out, what you insure against. One for anyone involved in construction

P.64 Retirement living  Build to Rent - renting not buying - the issues for landlords setting up RL BTR (get with the acronyms), what type of AST, service charges & statutory limitations, ‘Event Fee” (read - death!) in that context & consultation, mobiity obligations, default, deposits. Anyone asked to draft tenancy ASTs for such living needs to read this

P.66 Excellent summary of the three adverse possession possibilities (unreg/reg & pre 2003/post 2003) with a brill flow chart to help you explain it. Too many people use the wrong scheme and lose. Must read article.

P.68 Ultra Low Emission Zones in London - whats the effect on residents and developers  in the zone as the annual charge is £4,500? 

P.69 Looks at Bates v Post Office in the context of a ‘good faith’ obligation in a contract, as often appears in development agreements of different types. There is no general duty of good faith in English Contract law. It possibly may be implied in ‘relational contracts’ as described, but the judgement questioned whether  this should even exist in English law! So don’t assume this will ever be implied, either make it express or negative it in the drafting. We need an appellate decision before the law becomes clear.
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