Commercial Property Updates from November and December

  • 36m
  • All Levels
  • Released 15th Jan 2024
  • Mark Shelton
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This 30-minute update cements your learning of new developments in the past month, and perhaps picks up on some that busy topics practitioners may have missed. This webinar will cover:

Service charges – cost of waking watch

  • Radcliffe Investment Properties v Meeson [2023] UKUT 209 (LC)
  • Cost of providing a waking watch could not be charged to tenants where the need arose out of the landlord’s breach of statutory duty.

Opposition to lease renewal – tenant default grounds

  • Gill v Lees News Ltd [2023] EWCA Civ 1178
  • The court provided guidance on what matters could be taken into account in deciding whether a tenant ought not to be granted a new tenancy on the basis of their breach of lease terms.

Legislation

  • Brief updates on the Arbitration Bill, the Leasehold and Freehold Reform Bill, and a summary of the High Street Auctions scheme under the Levelling Up and Regeneration Act 2023

Property guardianship arrangements

  • Global 100 v Jimenez; Global Guardians Management Ltd v Hounslow [2023] EWCA Civ 1243
  • The Court of Appeal confirms that property guardianship arrangements will often qualify as HMOs.

Rights of first refusal – Landlord and Tenant Act 1987

  • FSV Freeholders v SGL1 Ltd [2023] EWCA Civ 1318
  • A decision on the validity of offer notices under s.5 of the 1987 Act, in circumstances where separate buildings were to be sold together.

Learning Objectives:

To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.

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Your CPD Certificate can be found in your Account.

Mark Shelton

Commercial Property Management Law Trainer • CPM Law Training Ltd

Mark Shelton is a freelance legal trainer, having practised in major commercial law firms for thirty years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds Sutherland LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette, Property Week and Property Law Journal, and the author of books on:

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