Legal wrap: Forfeiture, arbitration and the Access to Neighbouring Land Act

Welcome to your weekly round-up of the pick of the content published on EG Legal over the past seven days. This week, we start a four-part series on forfeiture, with a look at two knotty issues relating to forfeiture and rent. In addition, we explore the return of landlords’ rights for non-payment of unprotected commercial rent debts, as well as highlighting the differences in legislative approaches between Scotland and England in recovering pandemic-related rent arrears. This month’s Back to Basics column provides a timely reminder on the range of remedies available for tenant breach, while April’s Q&A column responds to a question on how the new binding arbitration scheme will work under the Commercial Rent (Coronavirus) Act. And last, but by no means least, our case coverage continues with a Legal Note on an Access to Neighbouring Land Act case, as well as a wealth of Practice Points and case summaries. Legal news Prison sentence for developer who showed ‘blatant disregard’ for planning rules A roofer redeveloped a site in Essex despite court orders telling him to stop Legal features Legal Q&A: How will the Commercial Rent (Coronavirus) Act work? James Hanham and Joseph Green answer a question on the arbitration scheme Doubling down on forfeiture Peter Petts and Jamal Demachkie consider two knotty issues concerning forfeiture and rent Covid rent arrears: to forfeit, or not to forfeit? Joanna Lampert and Michael Clarke reflect on the return of landlords’ rights for non-payment of unprotected commercial rent debts Back to Basics: Landlords’ remedies for tenant breach Now that the moratorium on forfeiture has lifted, landlords have a choice of options again. By Helena Davies and Oskar Musial Rent arrears: The north-south divide Edward Gratwick and Craig Falconer explore the differences in pandemic-related rent arrears legislation between Scotland and England Legal Notes: Arguments about access to land Louise Clark addresses the approach to applications under the Access to Neighbouring Land Act 1992 Practice points ‘Subject to contract’ negotiations: has an agreement been reached? Johnson v Spooner and another Dispensation from consultation requirements for urgent works Marshall v Northumberland & Durham Property Trust Ltd Enforceability of inter-RTM company agreements on multi-block estates G & A Gorrara Ltd and others v Kenilworth Court Block E RTM Co Ltd Contractual notices: the need to comply with contractual requirements PJP(NE) Ltd v Taylor Freedom of expression plays no part in conviction for aggravated trespass Director of Public Prosecutions v Cuciurean Equitable liens must be protected by registration James Fish and Craig Johns (as joint administrators of Sky Apartments 2018 Ltd) v Sky Apartments 2018 Ltd and others Rent determination: substantial compliance Johnson v Richmond Housing Partnership Ltd Case summaries Johnson v Richmond Housing Partnership Ltd Landlord and tenant – Determination of rent – Jurisdiction Two Rivers Housing v Sanders Landlord and tenant – Service charges – Construction of lease Law reports Dunbabin and others v Dunbabin Property – Beneficial joint tenancy – Severance Gill and another v Royal Borough of Greenwich Housing – Civil penalty – Joint landlords   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