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9 Ladies Dancing: The Mayor of London protects the night-time economy
The Mayor of London published supplementary planning guidance last month, aiming to protect and enhance cultural venues across the capital and promote the night-time economy, and the draft revised London Plan could put this on a policy footing.
Read more8 Maids A-Milking: Milking the Consumer during the Festive Period
This article explores what's going on in the retail industry to draw in shoppers at this crucial time of year.
Read more7 Swans-a-Swimming: new regulations are there to protect them
It's day seven of our festive blog series: The Conservation of Habitats and Species Regulations 2017 have come into effect. What do they say for the likes of our swimming swans?
Read more6 Geese A-Laying: The Significance of laying the Golden Brick
What does the term "Golden Brick" mean, who uses it and why? In this article we explore the usefulness of the golden brick, the formalities which determine whether it applies and alternative approaches.
Read more5 gold rings: a sensible way of paying for your Christmas shopping?
It's day five of our festive blog series: Gold is rare as a payment form these days, and cash is becoming increasingly so. Whilst retailers and consumers are embracing cashless payments, they are not without their risks.
Read more4 Calling Birds – it's good to talk…
How will the new electronic communications code affect telecoms providers?
Read more3 French hens: are too many of our house-building eggs in their baskets?
We couldn't pass up the opportunity to mention Brexit – its potential impact on the rate at which we are building out new homes has been in the news a lot recently, with fears over the loss of foreign workers and slowdown across the economy.
Read more2 Turtle Doves
Most leases of both commercial and residential premises include an express quiet enjoyment covenant, but what does this actually mean, and how can you ensure peace is retained.
Read moreA Partridge in a Pear Tree
This is the first of a series of blogs we shall be posting in the run up to Christmas based upon The Twelve Days of Christmas carol with a property theme. We hope you enjoy reading them and have a very merry Christmas.
Read moreSinking and Reserve Funds – how best to save for a rainy day
Most managing agents will know that it is best practice to keep funds aside for a rainy day but how many are aware of the formalities necessary to properly account for such funds?
Read moreAdjudication – mind the recovery gap
O'Farrell J recently severed an adjudicator's decision as she considered that the adjudicator did not have jurisdiction to award costs under the Late Payment of Commercial Debts (Interest) Act 1998 (Late Payment Act) in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd (2017) (unreported, 16 August 2017).
Read moreNorth Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC): Choose your extension of time provisions carefully
North Midland Building Limited v Cyden Homes confirms the primacy of the parties' contract in determining an extension of time. Specifically, in North Midland the High Court held that an amendment made to the construction contract meant that, in a situation of concurrent delay, North Midland Building Ltd (the Contractor) was not entitled to an extension of time from Cyden Homes Ltd (the Employer) and that the prevention principle, had it arisen, would not take precedence over the expressly agreed terms of the contract.
Read moreSerial referrals and abandoned adjudications: will the court grant an injunction prohibiting adjudication proceedings?
In Jacobs v Skanska, the TCC has recently held that starting a second adjudication on the same or similar issues is unreasonable but not oppressive and an injunction should not be granted. In the recent case of Jacobs UK Limited v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC), Justice O'Farrell DBE clarified the courts will not restrain a party who opens and closes numerous adjudications for a tactical benefit but, the responding party may be granted a wasted costs order.
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreWho has to sign a s106 agreement?
The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?
Read moreAdvertisement consent – five rules for retailers
A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.
Read moreAdvertisement consent – five rules for retailers
A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.
Read moreStay in your lane! How expert witnesses can stray away from their duty to the Court
The judgement in 125 OBS Nominees (1) and anr v Lend Lease Construction (Europe) and anr [2017] provided useful judicial clarification as to when expert evidence from certain disciplines will and will not be appropriate and how experts can walk a fine line between advocating their client's case and providing independent evidence.
Read moreWhat is "reasonable" when making a recovery?
Recovering sums paid out in settlement through court proceedings is an area of law where the Court's ability to resolve a dispute according to what is fair, proportionate and commercially sensible is alive and well.
Read moreCherry picking in an adjudication is fine – as long as you're the Referring Party
It has been established for some time that Referring Parties have the right to 'cherry pick' its claim for the purpose of adjudication - essentially selecting part or parts of a wider application or dispute and referring those to an adjudicator to make an award on rather than the full dispute or an entire account.
Read moreChallenging Times - 5 Risks Following The Grant of Planning Permission
Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.
Read moreRestrictive Covenants: Public Policy v Legal Obligations
A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.
Read moreTop Tips for Commercial Tenants – Lease Expiry
Commercial advice for business tenants approaching lease expiry
Read moreLet there be light
The importance of light in WELL Building Standards and how it sits within the context of planning law and rights of light
Read moreCinema Wars: The Courts Awaken
A review of two recent planning law cases relating to cinema schemes, looking at s73 applications and the role of development plan policies in managing competition.
Read moreMIPIM: 10 things we learnt about you
A round up of things we learnt during our first experience of MIPIM week, from what to wear to how to plan your diary and make the most of your new connections
Read moreThe new statutory obligation to report on payment practices
Key points (and links) for businesses to note about the draft Reporting Payment Practices and Performance Regulations 2017 which comes into effect in April 2017.
Read moreGuide to Real Estate Funds
Welcome to the BVCA Guide to Real Estate Funds, the latest in our series of guides into business sectors, investment strategies and international markets.
Read moreCIL review: A note of caution to charities
An overview of the CIL review team's recommendations for reform of CIL and consideration of the effect the loss of charitable exemptions could have on charities
Read moreThe Housing White Paper: 5 ways to boost delivery
A round-up of five key themes in the Housing White Paper which aim to increase land available for housing and boost build-out rates.
Read moreThe ins and outs of tall buildings
Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.
Read moreOffice to Residential Permitted Development Rights – an update
The rights to convert a building from office use to residential without needing to submit a planning application are not new, although a recent decision from the Planning Court have brought them back to the headlines and suggest that they may be more flexible than anticipated.
Read moreBreak Notice – All 4 one?
The recent Chancery Division case of Levett-Dunn & ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) considers the validity of a break notice served on four landlords, all "care of" the same address.
Read more"Innovative and sustainable" – Rio Ferdinand launches new redevelopment and regeneration model
Former England football captain and Manchester Utd Defender Rio Ferdinand presented his new charity, The Legacy Foundation, to delegates at MIPIM last week.
Read moreGlobal Real Estate Transactions to Hit $1tn by 2020
According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.
Read moreUrban Land Institute publishes Second Edition of acclaimed Build to Rent Guide
Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.
Read moreNEC must extend culture and spirit to lawyers to end curse of the Z Clause
In the NEC Users' Group Newsletter (No.75 November 2015), Rudi Klein – in his article, "Revisiting the curse of the Z clause" (page 2) – remarks that, "Unfortunately, through the 'loophole' of option Z, far too many NEC contracts are amended beyond recognition and fail to deliver as they should".
Read moreHousing shortage is a construction industry skills crisis
Headlines focus on the emotive issue of hard-working families being unable to afford their own homes, and the Government’s pledge to get Britain building.
Read moreCavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine
The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the "penalty rule" but further limiting its utility in a commercial setting.
Read moreTitan v Colliers – the price of everything and value of nothing
The Court of Appeal recently overturned the High Court's judgment in the case of Titan v Colliers.
Read moreSquatting: an own goal?
In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.
Read moreTribunal criticizes HMRC’s refusal to allow retrospective VAT group application
The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.
Read moreOffice to residential development crusade continues
As part of the Government's ongoing crusade to get homes built, the office to residential permitted development right, previously set to expire in May 2016, has been made permanent.
Read moreMEES: The legal implications
The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.
Read moreService charge interpretation and the cautionary tale of Arnold v Britton
In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.
Read moreBusiness Rates: Don't pull the Woolway over your eyes
A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.
Read more"That don’t distress me much …"
George Osborne's pledge to tackle the housing crisis, if acted on, should see an increase in housebuilding.
Read moreSummer Budget – property developments
Last week's "summer" Budget, the first by a (solely) Conservative government for nearly two decades, was full of surprises but contained relatively few specific property tax measures.
Read moreForfeiture ... that's a relief
A landlord's right to forfeit for breach of covenant by the tenant is a useful remedy commonly found in leases.
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