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Legal wrap: CVAs and insolvency, Japanese knotweed and a review of class E

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days.

This week, as temperatures soar, we have plenty of summer reading for you, beginning with a review of class E, almost a year in. Have the planning aims been realised – and at what cost? As rents still go unpaid, we explore CVAs and tenant insolvency from the investor’s perspective, and offer an expert guide for landlords on the limited circumstances in which guarantors can escape liability under leases. It’s easy to overlook the tax consequences of hybrid working, but we have a useful reminder. And other topics include fresh guidance for valuers on Japanese knotweed. Find somewhere cool, and dive in.

Legal news

Judge awards £1.4m damages over Tooting development delays

Owners of Piccadilly’s The Wolseley face rent battle with freeholder

Legal features

Planning: Is class E delivering on its promise?
Rosie Shields reflects on the period since the implementation of use class E

Why nothing is guaranteed
Mark Reading and Myriam Stacey QC review three key issues for landlords, guarantors and those undertaking due diligence exercises

Why hybrid working requires up-front thinking
The tax considerations of hybrid working should not be ignored, write Michael Carter and Olivia Sinfield

Investment risks of tenant insolvency
Darren Hamer on how the continuing moratorium makes the lives of landlords and investors more challenging by the day

Fresh thinking on Japanese knotweed
Philip Santo explains how a draft RICS guidance note, currently undergoing consultation, introduces a new approach for valuers

Legal note: Correcting obvious mistakes in documents
Allyson Colby analyses the potential cost of a rent review clause, and how the Court of Appeal balanced the equation

Practice points

Informal substitutions of housemates were multiple surrender and regrants
Sturgiss and another v Boddy and others

Manager had to personally re-pay service charge received
Suchorski and others v Norton

Can operators bring old agreements into line with the new Code?
EE Limited & Hutchison 3G UK Ltd v Duncan

Case summaries

Royale Parks Ltd v Secretary of State for Housing… and another
Town and country planning – Lawful development certificate – Caravan site

Suchorski and others v Norton
Landlord and tenant – Appointment of manager – Duty to account

EE Ltd and another v Stephenson and another
Telecommunications – Electronic communications code – New code agreement

Father’s Field Developments Ltd v Namulas Pension Trustees Ltd
Restrictive covenants – Discharge or modification – Compensation

 

For more legal articles and to search our extensive archive, visit EG Legal 

 

To send feedback, e-mail jess.harrold@eg.co.uk or tweet @EGPropertyNews

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