In Reedbase v Fattal [2018] EWCA 840, an important decision for landlords and their advisers, the Court of Appeal explained how and when a landlord would need to repeat its statutory consultation if the works carried out changed from the original programme consulted on. It set out how changes in works fits with the consultation […]
3rd Jun 2018 News Read moreThe 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 moreProperty Week (website) 23 April 2018 PLA praises proposed revisions to counteract ‘staircase tax’ By Richard Hook Mon 23 April 2018 The government has amended its draft bill on business rates in multi-occupied properties ahead of its second hearing in the House of Commons. The Property Litigation Association (PLA) has backed the revisions which have […]
25th Apr 2018 News Read morePresented at The Property Litigation Association Annual Conference at Keble College, Oxford on Friday, 23 March 2018 by Guy Fetherstonhaugh QC Falcon Chambers Guy Fetherstonhaugh QC is joint head of Falcon Chambers, which specialises in property law. His existence was first noticed by The Lawyer magazine in 1993, which described him as “underrated”. The following year […]
25th Apr 2018 Conference Papers Read moreA presentation to The Property Litigation Association Autumn Training Day in London on 2 November 2017 by Robert Bowker and Niraj Modha Tanfield Chambers Robert Bowker was called to the Bar in 1995 and completed pupillage in Chambers in 1997. From 1997 to 2007, he practised in Chambers exclusively in property litigation. Between 2007 and 2012, […]
24th Apr 2018 Conference Papers Read more