Welcome to your weekly round-up of the pick of the content published on EG Legal.
This week, we have a bumper selection of content, including an expert look at what ostensibly good news on stamp duty land tax could mean for buyers in the longer term and an analysis of the impact of the Building Safety Act on developers.
There’s more news of Covid rent arbitrations, a two-part series on valuation adapted from a Blundell lecture and plenty more below to keep you going until next week.
Legal news
Covid rent arbitration: Westfield Stratford news kiosks given nine months to pay
Newspoint (Stratford) Ltd ran up £55,000 of arrears as a result of reduced footfall during lockdowns
Covid rent arbitrations: Chelsea gym wins arrears reduction; Bill’s Restaurant doesn’t
KX wellness club, near Sloane Square, amassed arrears of £1.8m during the pandemic
England’s most westerly golf club wins High Court planning battle
Cape Cornwall Club wins case to develop wedding venue and accommodation
Legal features
SDLT cut – should buyers be glad or glum?
John Shallcross looks at the wider implications of the raising of the threshold for stamp duty land tax
Building safety and developer pledges
Guy Fetherstonhaugh KC, Oliver Radley-Gardner KC and Paul Letman explain why the Building Safety Act will cause problems for developers who do not sign the pledge
Legal note: Why the quality of the evidence matters
Elizabeth Dwomoh analyses a case concerning an application for a rent repayment order
Closing the urban decarbonisation gap
Industry players are coming together to deliver urban environmental objectives, says Matthew White
Electronic Communications Code: Piggy in the middle
The Upper Tribunal has identified a structural issue in the Telecoms Code – Laura West shares the details
Keeping true to the principles of valuation
An edited version of Mark Sefton’s joint paper delivered at the 47th annual Blundell Lecture Series
The fundamental principles of valuation
An edited version of Maggie Stobo’s joint paper delivered at the 47th annual Blundell Lecture Series
Why the Model Commercial Lease is an industry role model
Warren Gordon, Michael Callaghan and Dion Panambalana run through recent changes to the Model Commercial Lease
Building safety: Gateway consultation open for comment
Gillian Thomas outlines what developers need to know with the new stop/go decision points
Practice points
Car parking bay not a danger triggering duty of care under the Occupiers’ Liability Act 1957
Juj v John Lewis Partnership plc
Anticipatory injunction granted to restrain trespass and nuisance along the entire route of HS2
High Speed Two (HS2) Ltd and Secretary of State for Transport v Four Categories of Persons Unknown and others
Sale of property falls foul of pre-emption agreement
Fairhaven Shipping Company (UK) Ltd v Rolf Hugo Munding
No exchange of contracts unless the signed parts are delivered
Aslam v Rehman
Purchaser’s lien relates to the subject matter of the contract not rental income
Bevan and another (as joint liquidators of Pinnacle Student Developments (Leeds) Ltd) v Valeo USL Ltd and another
Dispute resolution procedure insufficiently clear or certain to be condition precedent
Children’s Ark Partnerships Ltd v Kajima Construction Europe (UK) Ltd and another
Possession: succession when tenant moves permanently into residential care
Dudley Metropolitan Borough Council v Mailley
Rent repayment order: landlords using undisclosed agents
Cabo v Dezotti
Case summaries
Juj v John Lewis Partnership plc
Occupier’s liability – Duty of care – Car park
Global Guardians Management Ltd and others v Hounslow London Borough Council and others
Housing – House in multiple occupation – Civil penalty
Fairhaven Shipping Co (UK) Ltd v Munding
Sale of property – Pre-emption agreement – Interpretation
Aslam v Rehman
Sale of land – Land registration – Exchange of contracts
Absolute Living Developments Ltd (in liquidation) v DS7 Ltd and others
Property – Settlement agreement – Interpretation
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