PropertyLaw.guru Blog

EG 21-11-20

 EG 21-11-20


Good and thought-provoking series of articles about wellbeing and the pandemic, dealing with the pressures, a survey of mental health, redundancy, personal stories, working patterns, etc.


P.53 Property tax issues - VAT paid on dilapidations payments may be reclaimable! Reverse charges on VAT - to prevent fraud, in some situations set out in the article a person engaging construction services will need to pay the VAT to HMRC from 1/3/21! 


P.55 Forfeiture of leases - the effect of waiver, the statutory restrictions on L’s ability to forfeit for things other than non-payment of rent in residential leases, and the Manchester Ship Canal case


P. 56. Subsales. You can have either a single transfer from A to C or two transfers, A to b & B to C. The pro’s and con’s of each. Factors like LR requisitions, secrecy of profit being made on the turn, the provisions of the SCS and SCPC, the ability to assign the contract, payment of funds on the day and security for the sub-buyer, enforcing the contracts, and of course SDLT sub-sale relief and substantial performance.


P.58 Collective Enfranchisement GR Property v Safdar [2020] EWCA 144 CA held only the FTT (not the County Court) could determine the terms of a collective enfranchisement claim


P.58 Hillside Parks v Snowdonai National Park Authority [2020] EWCA Civ 1440 confirmed that a planning permission cannot be lawfully implemented where events that have occurred since the grant of planning permission render the permitted development a physical impossibility.


P.59 Energy Performance Certificates EPC and domestic rental properties. The regs increasing the  required EPC level minimum to Band C from 2025 and all tenancies by 2028 are expected to come into force in April 2021. The spending cap will be increased from £3,500 to £10,000. Maximum fines for non-compliance will be increased too. All private BLTs will need to be registered, whether exempt or not.


P.60 Planning - Critique of the proposed planning reforms, which will leave the legislation untouched but introduce another layer of bureaucracy and complexity in fact!


P.61 Stoffel & Co v Grandona [2020] UKSC 42 - practical guidance on how the illegality defence operates and when it can succeed. 

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