PropertyLaw.guru Blog

Estates Gazette 09-02-19

Non law articles about the London Office market, Primary Health Care Properties, the residential market in the regions..

P.49 Mixed-Use developments. - part 1 of a 3 part series by Dentons about the different stages of a mixed use development. This one looks a 3rd party rights and restrictions - rights to light, covenants and strategies to adopt. Then the problem of residential occupiers acquiring rights (LTA87, LRHUDA93), and how to structure to avoid the chance of this occurring. Excellent read for anyone interested in development work.

P.51 Another brainy (and even humorous in parts (honestly!)) article looking at the Frances case on s.30(1)(f) opposition and whether a development created with the specific intention of avoiding tenant renewal will work (no), but points out that the same physical circumstances proposed may be successful for one landlord and not for another. The nightmare resulting may mean less landlords likely to be prepared to give security as a result

P.52 High St CVAs - looks at what they are, why we have them, what usually happens and why, and where it is all going. Definitely orth reading for anyone dealing with high st retail.

P.54 Woww v Ghoni - Was a 10 year oral tenancy valid (no) but did it create a periodic tenancy instead, and if so would it therefore have security?! This will now go to trial - watch this space.. The lesson - DIY ‘leases' result in disasters 

P.54 Oakley v Harper McKay Developments - completion notices and recission - despite arguments by the buyer that the seller was not itself ‘ready willing and able to complete’ on the expiry of the completion notice, the sellers were entitled to recind…

P.55 How property owners can prevent themselves for the new hipster trend of ‘urban exploring’ - often dangerous and anti-social behaviour (ironically) often put on social media. Climbing up buildings, trespass on building sites and so on may be countered by injunctions, arrest, prosecutions etc.

P.56 Relief against forfeiture  of a long residential lease - Gibbs v Lakeside - it seems that tenants who do not apply for relief within 6 months face an almost impossible task to persuade the court to grant relief

P.57 Restrictive covenants Alexander Devine Childrens Cancer Trust v Milgate Developments Ltd - a developer who totally and brazenly built in breach of restrictive covenants and made no application for their variation or discharge until the 23 units had been built and sought to pay £150k damages in lieu was refused on appeal and will have to demolish them, but they are appealing so its not over yet!


 


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