Legal & Professional FeaturesFeatures about property professionals and the workplace, plus legal changes.
Legal & Professional
In what is believed to be an industry first, British Land recently organised a conference for its suppliers and advisers.
The property industry has welcomed revisions in this week’s Finance Bill to legislation on tax relief for interest costs that help to address potentially damaging and unintended consequences for property developers and investors.
The economic value of London’s architecture sector was revealed for the first time last week in new research published by the mayor of London’s economics team in partnership with the London Festival of Architecture (LFA).
The traditional concept of property ownership is coming under increased and significant pressure. Socio-economic developments and market disruption are posing questions about the future of ownership as both an aspiration and investment.
How can London’s property industry ensure that panels at events reflect a greater range of participants than just white men of a certain age?
Last week, independent policy network Future of London published a report calling on local government, developers and workspace operators to maximise the regeneration potential of sites capable of providing workspace for small businesses.
Late last year, mayor of London Sadiq Khan unveiled a consultation on proposals that would constitute the biggest changes to the capital’s housing and planning rules since he took office, including a revamped viability system to fast-track schemes with 35% affordable housing and two new tenure types.
While many employers are aware of the potential risks of the annual Christmas party and will prepare accordingly, they would do well to remember that while the party season may be over, there will inevitably be other external work-related alcohol-fuelled events during the course of the year. Indeed, for the property sector, Mipim is just around the corner.
In theory, housebuilders developing smaller sites don’t have to make affordable housing contributions. There is, after all, a written ministerial statement (WMS) saying as much, and local plans are supposed to fall in line with national policy.
In a move resisted by many business groups, the government has announced plans to encourage equal pay by introducing compulsory gender pay gap reporting for companies operating in the UK that employ 250 or more people.
Property Case News
The payment of a deposit by a buyer to a seller under a contract for sale is a fundamental part of a transaction since it comprises the “consideration” that all first year law students learn is necessary – along with offer and acceptance – for the formation of a binding agreement between parties.
A property tycoon facing debts of £611m has lost a High Court battle with creditors over an individual voluntary arrangement (IVA) that would have seen creditors receive seven pence for every pound owed.
Service charges have the potential to become a fairly contentious issue between landlords and tenants. Indeed, an intermediate landlord recently faced litigation over the reasonableness of the amounts claimed.
A recent Court of Appeal judgment, MSC v Cottonex (2016), has clarified the law around repudiatory breaches of contracts, specifically the ability (or inability) of an innocent party to affirm a contract where a repudiatory breach has occurred.
Commercial tenants with a ‘vacant possession’ break clause in their lease run the risk of nullifying the termination of the lease by failing to properly remove all their belongings from the premises - even down to internal walls and floor coverings - a recent ruling by the High Court has found.
The Court of Appeal has issued a landmark judgment in a professional negligence case setting a new precedent by changing the legal principle of causation.
The Supreme Court has ruled that the Human Rights Act does not apply in possession claims between private parties, preventing a major expansion of human rights into private contractual disputes.
Aldi and Iceland have adjoining stores on the outskirts of Cambridge in unit 1 & 2 and also share an accessway and car park.
In this case, the claimant tenant sought an injunction and damages against the defendant landlord in relation to building works being carried out above the tenant at 14/15 Carlos Place, Mayfair, London W1.
The High Court in EMI Group Limited v O & H Q1 Limited [16 March 2016] has decided that a tenant cannot assign a “new tenancy” (under the Landlord and Tenant (Covenants) Act 1995) to its guarantor.