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Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Monthly Archives: April 2013

Posted in Real Estate News

Rights to Light- the Great Debate

On 23 April 2013 Hogan Lovells hosted a lively debate at which Law Commissioner Professor Cooke, Liz Peace, Chief Executive of the BPF, John McGhee QC, Gordon Ingram, rights to light specialist surveyor, and Gerald Kaye, Development Director of Helical Bar expressed conflicting views on proposals made by the Law Commission in its recent consultation

Posted in Real Estate News

Countdown to a free market for flood insurance?

The countdown is on. There are now only two and a half months before the Statement of Principles on flood insurance comes to an end.  The Statement is an agreement between the government and the Association of British Insurers in which the insurance industry agreed to provide flood cover for domestic and small business as

Posted in Case Updates

Stand and Deliver – Actual sale of freehold required for landlord to operate break clause linked to overage payment

HFI Farnborough LLP and others v Park Garage Group plc [2012] EWHC 3577 (Ch) HFI was the landlord of four petrol stations and Park was the tenant.  The leases contained a break clause permitting the landlord to terminate on three months’ notice. However, in each case there was a separate overage agreement which placed restrictions

Posted in Case Updates

Breaking up is hard to do – Operation of conditional break clause ineffective without actual payment of break penalty

Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 Canonical was TST’s tenant under a lease. The lease contained a break option entitling Canonical to terminate the lease on six months’ notice provided the rent was paid up to and including the break date, there was no breach of covenant, and Canonical paid one

Posted in Case Updates

Signed, sealed, delivered – service deemed to take place on date of receipt rather than date of posting, in absence of contrary intention

Freetown Limited v Assethold Limited [2012] EWCA Civ 1657 Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall Act 1996 in relation to proposed development works. The parties each appointed a surveyor and those surveyors in turn applied to a third party surveyor to make an award.