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August 1, 2024 0Comments

Collateral warranties are not construction contracts.

The Supreme Court has handed down an important decision which effectively restated that Section 104(1) of the Housing Grants, Construction & Regeneration Act 1996 (HGCRA 1996) does not generally

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July 25, 2024 0Comments

Can you use proprietary estoppel to enforce an oral agreement?

The High Court confirmed that proprietary estoppel is not available to enforce the terms of an ineffective oral agreement.

Background:

This case concerns the attempt by members of the Kurdish

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July 18, 2024 0Comments

Code rights and Part II of the Landlord and Tenant Act 1954 rights are mutually exclusive.

Gravesham Borough Council opposed the renewal of a telecommunication site lease which had been granted to the predecessor of On Tower for a term of 20 years (expiring in March 2017). The tenancy of

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July 11, 2024 0Comments

Downstream greenhouse gas emissions must be considered when granting planning permission 

The Supreme Court handed down a groundbreaking judgement which establishes that scope 3 emissions should also be assessed.

Background:

The case concerns Surrey County Council’s (SCC) 2019 decision

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July 4, 2024 0Comments

The Leasehold and Freehold Reform Act has now become law – but what does that mean for me?

The Leasehold and Freehold Reform Act 2024 received Royal Assent on 24 May 2024 but has not yet entered into force. This legislation aims at providing greater rights and protections to long-leasehold

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June 27, 2024 0Comments

Non-objection clauses in option agreements are lawful. 

The Court of Appeal (CoA) found it was legitimate to include a non-objection clause in an option agreement.

Background:

This appeal was against the order of the High Court dismissing Suffolk Energy

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June 20, 2024 0Comments

Don’t misrepresent your intention to terminate a commercial lease. 

This case is one of the few decisions on compensation for misrepresentation under Section 37A of the Landlord and Tenant Act 1954, as the landlord obtained an order terminating the lease by

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June 13, 2024 0Comments

You are not automatically liable for all damages caused by Japanese knotweed

The Supreme Court decided on the issue of compensation for neighbouring owners due to an invasion of Japanese knotweed. It ruled that landowners are not automatically liable for all damages, but only

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June 6, 2024 0Comments

Distances for a crematorium are not measured from open areas within the crematorium grounds.

Facts:

Following a local inquiry, a planning inspector appointed by the Secretary of State for Levelling Up, Housing and Communities, Horizon was allowed to appeal the refusal by the District

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May 30, 2024 0Comments

No, a landlord is not responsible for the negligence of independent contractors

Facts:

Lowndes is the management company that held a head lease on the block of flats and provided landlord services. The individual flats were all let on long sub-leases. The appellant was the

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