Asset of community value
Land – Asset of community value – Localism Act 2011 – Respondent council listing field as asset of community value – Appellant objecting and fencing off field – Tribunals upholding decision to list field – Appellant appealing – Whether unlawful use of field by local residents for recreational purposes qualifying use for listing purposes – Appeal dismissed
IN CASE YOU MISSED IT: Owners of residential properties across the capital could be hit, according to research from EG’s Radius Data Exchange. PLUS: Oliver Reed’s former home is going under the hammer
Owners of around 315,000 residential properties across London could be hit by a £120m annual Crossrail 2 tax, under proposals by TfL, according to research from EG’s Radius Data Exchange. Are you one of them? To find out, click on the magnifying glass on the map below and type in your postcode. The tax will […]
IN CASE YOU MISSED IT: The future of the DIY chain could be resolved this week. PLUS: why 17% of London’s total office stock is at risk of vacation.
I have been set the challenge of explaining GDPR and convincing you of its importance in the next few hundred words. Here goes.
COMMENT: In the UK a lot of student accommodation is being built, but not always in the right location or to the greatest standard, in part because student housing is only partially regulated
While City fund managers may dislike the retail sector, private investors continue to snap up shops across UK high streets at auction despite the industry’s many well-publicised problems
COMMENT: What impact might self-driving cars and electric cars have on the built environment and property in general?
The Court of Appeal has ruled on two conflicting decisions in the area of town and village greens, each raising issues of statutory incompatibility. Allyson Colby explains its decision
IN CASE YOU MISSED IT: We handpick the big stories from the summit for your morning commute
Warranty of authority
Solicitor – Estate agent – Warranty of authority – Fraudster dishonestly impersonating true owner of residential property – Fraudster instructing respondent solicitors and estates agents to act in sale of property – Appellant purchaser claiming respondents liable for breach warranty of authority – Whether respondents warranting to purchaser that they had authority to act for true owner – Whether respondents liable for breach of warranty of authority – Whether respondents liable in negligence – Whether respondents liable for breach of trust – Appeals allowed in part
In this month’s potted guide, Jonathan Seitler QC guides practitioners through the basics of the law relating to good faith obligations in agreements, whether implied or express
EG brings you stock market data from the property sector
Priestley joins CBRE. PLUS: Amsprop sells City office.
IN CASE YOU MISSED IT: PiLabs co-founder Dom Wilson gives his advice. PLUS: A mixed bag of results for the UK’s two big REITs
Sale of land
Right of way
COMMENT: PiLabs’ Dom Wilson on what determines success and what considerations are important.
COMMENT: We need to understand the needs of a diverse workforce to ensure we are providing inclusive environments that foster creativity, fulfilment and productivity
Contract – Variation – NOM clause – Respondent occupying office premises under licence from appellant – Parties entering into new licence agreement for larger premises at increased licence fee – Appellant terminating agreement for arrears and claiming unpaid licence fee and charges – Respondent relying on alleged oral agreement to vary payments – Whether reliance on such agreement precluded by clause that all variations to be in writing (NOM clause) – Appeal allowed
Sale of land – Right of way – Overreaching – Owners of land first selling land to appellant then granting right of way over it in favour of respondents – Respondents obtaining declaration that right of way effective – Appellant appealing – Whether appellant’s interest being overreached by respondents’ right of way – Appeal allowed
IN CASE YOU MISSED IT: EG looks at regional cities to see if co-working is viable outside the M25. PLUS: paying for an office without using cash.
COMMENT: The speed at which humans operate is too fast. Technology has made everything happen at a pace that we have trouble managing
A fraudster had targeted a high value property, which was neither mortgaged nor occupied, and pushed a sale through, claiming that it was urgent. No one suspected that he was an imposter and, when the fraud came to light, the buyer tried to recoup its losses from the fraudster’s selling agents and solicitors
Click here to read transcript: R (on the application of Jayes) v Flintshire County Council
Town and country planning – Planning permission – Gypsy site – Appellant local authority granting planning permission to continue using site as residential gypsy site – Respondent neighbour obtaining judicial review – Appellant appealing – Whether appellant having sufficient evidence of children on site to justify conclusion that their needs outweighed identified harm – Appeal allowed
Q&A with Rowland Manthorpe, associate editor at Wired
IN CASE YOU MISSED IT: It’s Mental Health Awareness Week. PLUS: Retail gloom hits NewRiver REIT shares.
COMMENT: We are seeing assets being sold for perhaps the first time in a decade, reflecting the transformation in how we shop and how shopping environments are responding to that, says Richard Auterac.
The litigation in Rainbow Estates Ltd v Tokenhold Ltd  Ch 64 confirmed that the court can order specific performance, if appropriate, where a tenant is in breach of its repairing obligations, if there is no adequate alternative remedy.
COMMENT: The arrival of Crossrail, and a pedestrianised Oxford Street, are about to boost the popularity of the West End, says Savills’ Marie Hickey
IN CASE YOU MISSED IT: Ellandi’s Morgan Garfield argues that recent applications are against the spirit of the legislation. PLUS: major agents commit to Radius Data Exchange.
Lease – Common land – Private nursery – Appellant local authority granting long lease of premises on common land to limited company to operate private nursery – Respondent applying for judicial review – High Court granting application – Appellant appealing — Whether company operating indoor facility for “recreation” – Whether limited company constituting “organisation” – Whether Order regulating open spaces permitting proposed use — Appeal dismissed
COMMENT: The insolvency community has cynically applied a positive concept, intended to preserve jobs and encourage entrepreneurship, to become a tool that benefits existing shareholders and secured creditors, says Ellandi’s Morgan Garfield
IN CASE YOU MISSED IT: Bill Grimsey is back to take a look at the state of the UK’s high street. PLUS: can co-living developers get their schemes off the ground?
Click below to watch the presentations from the EG London Residential Summit 2018 What are the lessons that Crossrail 2 can learn from Crossrail to ensure it’s delivery and achieve it’s objectives? Is the London market really that bad? Savills
In the current climate the new MEES regulations feel like yet another attack on landlords. But it really isn’t, says Samantha Collett.
Duty of care
Highway authority – Duty of care – Negligence – Appellant sued for negligence in connection with road accident – Appellant bringing Part 20 proceedings against highway authorities alleging negligence/breach of statutory duty due to vegetation restricting visibility – County court striking out claim – Appellant appealing – Whether highway authorities owing highway users duty of care in respect of vegetation not itself on or over highway – Whether judge erring in finding no real prospect of establishing small amount of vegetation on or over highway caused accident – Appeal dismissed
Town or village green
Town or village green – Registration – Use of land “as of right” – Claimant school applying for order quashing decision of defendant local authority to register as town or village green land used as school playing fields and also by local inhabitants – Whether defendant erring in law when concluding use of land by local inhabitants “as of right” – Whether defendant failing to provide adequate and sufficient reasons for decision – Application granted
COMMENT: How do we compare with our neighbours on the Continent on the gender pay gap? asks Guy Grainger, EMEA chief executive at JLL
The loss of a key staff member can have a significant effect on a business. Richard Woodman gives guidance on the best ways to protect information and relationships in that scenario.
James Kingdom and Nick Macdonald Smith provide guidance on unresolved MEES and EPC questions in relation to the alternatives sector.
IN CASE YOU MISSED IT: EG’s James Child casts his eye over the retail sector. PLUS: Logistics take-up hits two-year high.