PropertyLaw.guru Blog

EG 30-01-21

P.51 3rd article in series about cybercrime and the effects on property. Risk of hacking into a buildings ‘smart systems’ the creation of ‘digital twins’ of a building to model maintenance cycles, the use of Blockchain to deal with maintenance etc

p.53 Legal differences between Wales and England I the residential rented sector and property related taxation. The Renting Homes (Wales) Act 2016 creates a new compulsory framework for renting homes in Wales, requiring tenancies to be one of tow types of occupation contracts - a ‘standard’ contract for the private sector and the ‘secure’ contract for the public sector. However the Act is still not yet in force! Autumn 2021 is the likely start date. Also there are specific Welsh registration requirements for private landlords. Failure to register means their s.8 notices are not valid. Land Transaction Tax rates are different too. The rate for HRAD went up by 1% in December, and the nil rate band for non-resi is higher than in England.


P.54 The Dilapidations Association has been considering the problem of ensuring best practice in this area by surveyors and others. The article explores the aim of the group and the general practice of assessing dilaps - worth a read for anyone dealing with L&T work as it explains the main problems covered as well as the s.18 conundrum and the new accounting standards that apply.


P.56 Lawful development certificates (CLEUDs & CLOPUDs) and the new Use Class E. Must read explanation of what these are and what they aren’t, how they work, how you apply, what the key points are - its law & evidence not planning, detail is important, stat decs are important evidence. It points out that a CLOPUD with a Class E decision could have the effect of completely opening up the type of use that the property could be used for - a potential goldmine! But there are risk that failure might trigger enforcement action.


p.58 Hart v Large [2021] EWCA Civ 24 - a buyer’s Home Buyer’s report failed to spot serious defects. CA held that the property measure of damages is usually limited to the difference between the value of the property as it was represented to be and its value in its true condition. But in this case the failure to spot the absence of any ‘certificate’ of the work (eg consultants or architects) meant he had failed to advise on something fundamental to the buyers decision to proceed. But where it was a duty to advise someone what to do, where the professional will be responsible for all the foreseeable loss..


p. 58 Aspire Luxury Homes (Eversley) Hart District Council [2020] EWHV 3529 - HC held the tit was not an abuse of process to bring an ordinary civil claim rather than a JR concerning the construction of a s.106.


P.59. Business Interruption Insurance and the SC decision - Summarises the SC decision which has cleared the way for policy holders to seek guidance from their insurance brokers or insurance litigation specialists as to whether there is a claim under their policies 

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