EG Estates Gazette 29th September update..09-10-2018, 19:04
p.97 Excellent and thorough summary of the Law Commission’s proposals to reform the law of Enfranchisement and Lease extension. All of the procedural suggestions are well thought through but the intractable one is how you make it cheaper for tenants to extend their lease or buy the freehold without giving the freeholder less money than before. The burning question is whether, with Brexit and many other domestic problems, the Government will give the reforms the green light or ignore them like they did with the proposals for reforming the law of easements and rights of light.
.p99. The ‘Build for Rent’ sector is growing quickly, this article reviews the market changes - Lower deposits, reduction in landlord’s fees, longer term tenancies with tenant only breaks, pet friendly leases and buildings, co-working areas, concierge facilities and so on..
P.100 Asbestos reports. A housebuilder was not owed a duty of care when provided with the seller’s asbestos report, which did not reveal asbestos costing £1.6M to remove, as there was no collateral warranty or assignment - reviews the case and emphasises the need to deal with these issues expressly
P.100 Rights of Light deeds. A deed dealing with rights of light affecting an office development in London by which the landlord and the tenant agreed to share the spoils extracted from any developer of an adjoining property was ‘incautiously’ recorded on the title. The adjoining owner used this as an argument that the injunction should not be given against it, merely damages as the claim was about money not actual enjoyment of rights. The court disagreed and allowed the application for an injunction to proceed. A warning about registering things to pubic inspection!
P.101 Reviews the effect of two ECJ judgements concerning habitat regulation assessments for developments
P.102. Who pays for the cost of post-Grenfell repairs or alterations to fire protection measures - landlords or tenants? So far the tenants have had to pay through the service charges, but do they have a claim against the developer or NHBC?
P.103 Enfranchisement - intermediate leases. Reviews a case on how valuers should value the value of the payment for a lease extension should be split between the freeholder and an intermediate landllord