The answer to the question who owns the airspace above a building or the subsoil below is usually clear cut in relation to freehold land but often less clear in the case of leaseholds. The High Court has had to wrestle with the latter twice this year, once regarding airspace and once regarding sub-soil. The […]
27th May 2018 News Read moreSince becoming Chair of the Property Bar Association, I’ve really been struck by the sheer hard work which is put in by so many people to enable the PBA and the PLA to serve their members. Whether it’s organising seminars or socials, guarding the bank accounts, responding to consultations or marking student essays, members of […]
23rd May 2018 Blogs Read moreWhat can a tenant do where a landlord fails to progress an application for consent to alterations or change of use? Miriam Seitler – Landmark Chambers May 2018 When considering the topic of landlord’s consents, it is important to distinguish between applications for consent for (1) alienation, (2) alterations/improvements and (3) change of use. The statutory […]
22nd May 2018 News Read moreNic Taggart (Landmark) In this paper, Nic Taggart reviews the basic principles of partnership law as they relate to partners holding real estate as partnership property. He then applies those principles to some commonly arising factual scenarios, such as the liability of all partners for breaches of a lease held as partnership property by only […]
16th May 2018 News Read moreBen Maltz – Five Paper Ever since the tragic Grenfell fire, landlords of high-rise apartment blocks have understandably been quick to address potential fire risks that affect their buildings. This will have significant consequences in the field of residential service charges. In one of the first reported First-tier Tribunal decisions to consider such service charge […]
16th May 2018 News Read moreTiffany Scott QC (Wilberforce) The case of Rotrust Nominees Ltd v Hautford Ltd confirms that there is no general proposition that a landlord will be entitled to refuse consent to assign, or alter, or change the planning use of the demised premises on grounds of feared enfranchisement and the consequent loss of the landlord’s interest […]
16th May 2018 News Read more