PropertyLaw.guru Blog

EG 6-7-19

P.22 Brexit frustration appeal canned. The proposed EMA appeal has been shelved after EMA sublet the *whole* building to WeWork until the end of the lease. This just goes to show how WeWork and flexible work space is going to transform office usage IMHO and the decline of the commercial lease as the norm for office space usage

P.63 The new Telecommunications Code’s complexity and security of tenure. Looks at how landlords may be caught by ‘subsisting agreements’ and unable to get VP  under the code. New leases may need an express prohibition of telecoms masts etc - see clause in the Model Commercial Lease suite.

P.65 More on Telecomms Code. Anecdotally there are lots of cases piling up at the tribunal and recent decisions have shown the tribunal to be against confrontational litigation on the issue, reducing costs and having the power to strike out.

P.66 Airspace - can it be leased? Whilst airspace is often claimed in collective enfranchisement cases, or in relation to enforcement of overage, or sold for development potential, the article puts doubt on whether it can legally exist as ‘land’ if it is a self-standing unit disconnected from any physical structure or interest!

P.68 Intentional homelessness case where tenant couldn’t pay rent from housing benefit that did’t cover it  - not intentionally homeless.

P.68 Disposals of charity land. David Roberts Art v Riedweg. Contract not void for non-compliance with certain requirements of charity disposals (worth reading for the summary of these), so breach of contract claim subsisted despite this\

P.69 Tree Preservation Orders. Great summary of why you need to think about this if developing land or buying land subject to one, the restrictions of such order and so on..

P.70 e-Sports events (what?). It seems that this is a huge developing area of entertainment where gamers go to either play or watch superstar gamers play, requiring specific needs from property owners looking to lease out or sell such buildings. The second fasted growing entertainment and media sector in the UK. 

P.71 Professional negligence - the Moda v Gateley case where the claim was for the loss of a chance to bargain (as I understand it). Not often
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