Marlborough Park Services Ltd v Leitner

Landlord and tenant – Service charges – Jurisdiction – Respondent tenant applying for determination of service charges due – Appellant freeholder seeking to strike out application – First-tier tribunal dismissing application – Appellant appealing – Whether FTT having jurisdiction to hear application regarding matters agreed or admitted – Appeal allowed in part

Jones and another v Oven and another

Right of way – Definitive map – Byway open to all traffic (BOAT) – Claimant modifying definitive map and statement to show route as bridleway – Inspector appointed by defendant secretary of state modifying order showing Right of way Land – Transfer – Restrictive covenant – Respondents’ predecessors constructing residential property on land transferred subject to restrictive covenants – Respondent undertaking to transfer strip of land to claimant neighbours on demolition of barn – Appellants seeking specific performance of covenant by respondent to transfer strip and damages for breach of contract to perform covenant – High Court holding restrictive covenants applying to strip on re-transfer – Appellants appealing – Whether strip transferred to appellants to be subject to restrictive covenants entered into when land sold to respondents’ predecessors – Appeal dismissed

Top Cambridge agent takes 58% market share

Kings_College_Cambridge

Bidwells have retained their place at the top of EG’s Cambridge office disposals league table. Despite a 16% drop in its year-on-year disposal figures, the firm took an even more commanding 58% market share – acting on 11 more deals this time around.

Slough Borough Council v Secretary of State for the Environment, Food and Rural Affairs

Right of way – Definitive map – Byway open to all traffic (BOAT) – Claimant modifying definitive map and statement to show route as bridleway – Inspector appointed by defendant secretary of state modifying order showing right of way as BOAT – Claimant challenging decision – Whether inspector making erroneous findings on common law dedication – Whether inspector erring on effects of section 67 of the Natural Environment and Rural Communities Act 2006 – Application granted

Landsec Lab: a new mindset

Landsec-lab-front

Great ideas exist across all organisations, but often they can be hidden by the glossed and polished exteriors that we present so proudly to our customers, writes Carissa Kilgour, workplace director at Landsec

Is selective licensing a ‘blunt instrument’?

Buy to let

COMMENT: An increasing number of buy-to-let landlords across the UK are being hit by the introduction of selective licensing. But is this is the correct way to regulate the PRS sector, or is there a need for an industry body? 

Whatever happened to boom and bust?

COMMENT: Many expected the EU referendum result to tip the scales and briefly it did, with investment volumes dropping and deals falling through. But UK real estate has proven remarkably resilient.

NEWS ROUND-UP: What next for London’s markets?

IN CASE YOU MISSED IT: The City of London’s decision to combine and relocate Billingsgate, New Spitalfields and Smithfield markets means there will be three new sites up for grabs in the capital. PLUS: serviced office providers hunt regional debuts.

R (on the application of Mansfield District Council) v Secretary of State for Communities and Local Government

Town and country planning – Planning permission – Section 106 agreement – Useful purpose – Developer agreeing to pay towards cost of highway under section 106 agreement – Development not taking place – Developer applying to claimant local authority to be released from obligation to pay outstanding balance under section 106A – Inspector allowing appeal against claimant for failure to determine application – Claimant applying for judicial review – Whether inspector erring in failing to consider whether planning obligation continuing to serve useful purpose – Application granted

Milton Keynes Council v Bailey

Housing – Right to Buy – Public sector housing – Exception – Appellant council appealing against decision of First-tier Tribunal allowing respondent’s appeal against refusal of right to buy – Whether appeal property particularly suitable for occupation by elderly persons – Appeal allowed

Gardiner & Theobald LLP v Jackson (VO)

Rating – Expert witness – Procedure – Expert witness appearing for appellant in relation to rating valuation dispute – Whether obligation of expert witness to declare success-related fee arrangement applying to remuneration for all services provided by expert – Whether success-related fees compatible with obligation of expert witness to act independently – Ruling accordingly

CQN RTM Co Ltd v Broad Quay North Block Freehold Ltd and another

Landlord and tenant – Right to manage – Section 72 of Commonhold and Leasehold Reform Act 2002 – Appellant serving notice on respondents claiming right to manage block of flats – First-tier Tribunal determining appellant not entitled to acquire right to manage – Whether building “structurally detached” and self-contained – Whether appellant acquiring right to manage – Appeal dismissed

Making homes from a home

Section 84(1) of the Law of Property Act 1925 empowers tribunals to discharge or modify restrictive covenants if certain conditions are satisfied. Ground (aa) applies where a restriction impedes some reasonable use of land and does not secure to those entitled to the benefit of it any practical benefits of substantial value or advantage, or if it is contrary to the public interest.

Charting the capital gains tax changes

Capital gains tax will apply to non-resident investors in UK real estate from April 2019. Kirsten Prichard Jones and Rhiannon Kinghall Were sift through the draft legislation documenting how this will work

John Romans Park Homes Ltd v Hancock and others

Park homes– Protected site – Caravan park – Mobile home park having planning permission and site licence for mixed seasonal and permanent use – Whether park being “protected site” within section 1(1) of Mobile Homes Act 1983 – Appeals dismissed

A landlord had granted a perpetually renewable lease by mistake

Options to renew in leases usually enable the tenant to renew its lease for a specific period at a new rent and otherwise on the same terms and conditions, but without the benefit of a further option to renew (or subject to a proviso that the right to renew is exercisable only on a limited number of occasions).

Postcards from abroad: Russia gets it right

Guy Grainger

We are often very quick to judge. Take the World Cup in Russia: British travelling support was lower than usual. This has got nothing to do with our views on football or the national team. We simply thought there would be trouble, so we steered clear, writes Guy Grainger, EMEA chief executive at JLL.

No immediate reduction in rates, despite relegation

Football clubs’ business rates are, in part, determined by variables including the estimated cost of building a replacement stadium, as well as the football club’s ability to pay based on its income. So how does relegation affect the rateable value of a football stadium? 

North Midland Building Ltd v Cyden Homes Ltd

Building contract – Delay – Extension of time – Prevention principle – Liquidated damages – Respondent engaging appellant to design and build property – Works being delayed – Appellant seeking extension of time – Whether concurrent delays taken into account when calculating extension of time to completion date – Whether prevention principle rendering relevant clause inoperable – Appeal dismissed

Bridge lending can be a dangerous game

Shahil Kotecha

A lot has changed since Lehman Brothers triggered the global financial crisis. You could argue that the can of financial risk management – rather than being kicked – has simply taken an Uber down the road, writes Shahil Kotecha, chief executive at alternative lender Pivot.