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Downstream greenhouse gas emissions must be considered when granting planning permission 

by bawilliams | Jul 11, 2024 | Property Law

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 to grant planning permission to a company, Horse Hill...

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

by bawilliams | Jul 4, 2024 | Property Law

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 homeowners in England and Wales, including rights to manage,...

Non-objection clauses in option agreements are lawful. 

by bawilliams | Jun 27, 2024 | Property Law

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 Action's claim for a judicial review of the Secretary of...

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

by bawilliams | Jun 20, 2024 | Property Law

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 misrepresentation. This judgement makes it clear that a tenant may be able to...

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

by bawilliams | Jun 13, 2024 | Property Law

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 for those occurring as a result of the breach of the duty to treat...

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

by bawilliams | Jun 6, 2024 | Property Law

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 Planning Authority of its application for planning permission for a...
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Recent Posts

  • If a breach of your lease was long ignored, can it suddenly be enforced?
  • The landlord database is coming: what you’ll need to register, and when
  • A tenant cannot recover its subsidiary’s losses after a disaster
  • Longstanding boundary features must remain for surveying
  • Technical errors don’t always impede a managerial takeover

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