Setting aside s84 final orders modifying covenants

The London Borough of Southwark has successfully obtained the setting aside of parts of a final order made under s.84 of the Law of Property Act 1925 modifying covenants in a lease of a public house. Philip Rainey KC explains how. Read more

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March 08, 2024

Closing the gap: community engagement

Alison Marr analyses the transfer of public assets to community bodies in Scotland and the disconnect within part 5 of the Community Empowerment Act 2015.
March 07, 2024

Empty homes: a long-term strategy

Could empty homes strategies assist local authorities struggling to balance the books? Derin Taylor and Lyndon Campbell look at the options.
February 23, 2024

Exchange of land

Edward Cousins discusses the enactment of the Commons Act 2006, the introduction of comprehensive systems for the exchange of common land, and recent caselaw.

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Need a transcript or recording?

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Aug 18, 2023

Murfitt revisited

Roderick Morton examines a recent case concerning the removal of facilitating development.

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November 17, 2023

Defending decisions on assets of community value

A Tribunal has upheld a council’s decision to include what the judge described as a ‘drinking man’s boozer’ on the list of assets of community value. John Fitzsimons looks at the ruling.
November 03, 2023

The Court of Appeal on property guardians and HMOs

The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.
October 20, 2023

Councils wearing two hats

Lydia Dent considers a recent Upper Tribunal case where a city council was acting as local planning authority and as landlord.
October 20, 2023

S114 notices and real estate

Rita Bange looks at the impact of s114 notices from a real estate and regeneration perspective.
September 27, 2023

Property contracts and public law principles

David Shakesby looks at the lessons to be learned from a dispute between a further education college and a district council over the planned sale of an empty and unused property.
August 18, 2023

CIL and "in-use buildings"

Christopher Cant looks at the key lessons to be learned from recent Community Infrastructure Levy (CIL) statutory appeals relating to issues over "in-use buildings".
July 21, 2023

Compulsory purchase – lessons from recent refusals

Two recent compulsory purchase decisions have highlighted certain areas of risk to acquiring authorities, writes Matthew Tucker. These decisions particularly emphasise the importance of the process of negotiation and also indicate a heightened level of scrutiny of acquiring authorities’ conduct in this respect.
July 20, 2023

Martyn’s Law: considerations for property owners

The Terrorism (Protection of Premises) Bill (the “Bill” or ‘Martyn’s Law’) was published by the UK government on 2nd May 2023. The Bill is currently in draft and is being reviewed by the Home Affairs Select Committee, therefore subject to amendment prior to any subsequent introduction to Parliament, write James Nelson and Ewan Anthony.
June 30, 2023

Implying terms into contracts

Lina Mattsson looks at a case where the High Court judge considered whether to imply a term into a contract for the sale of a development site by a local authority.
June 23, 2023

Ownerless property in Scotland

Could a new scheme in Scotland help local authorities unlock impact? Amy Entwistle examines the opportunities.
June 01, 2023

Shared ownership, staircasing and long leases

Justin Bates and Katherine Traynor analyse a recent Court of Appeal judgment where the issue raised was one of general public importance with broad implications for the Right to Manage, enfranchisement and lease extensions under the Leaseholder Reform, Housing and Urban Development Act 1993 and possession proceedings concerning shared ownership leases.