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

Monthly Archives: September 2012

Posted in Case Updates, Planning, Real Estate, Real Estate News

Keeping It Real Estate: News and trends in UK real estate, disputes and planning law

“Keeping It Real Estate” has been created by Hogan Lovells’ UK Real Estate group.  It brings together the expertise of over 75 partners and associates covering all aspects of transactional, disputes and planning in the UK market.  The diversity of our work for landlords, corporate occupiers, banks, developers, retailers and local authorities, to name but a

Posted in Real Estate News

Dominic Sandbrook looks back at the 1970s

Bagpuss, The Wombles, Space Hoppers and Star Wars – icons of the 1970s as remembered by Dominic Sandbrook and the audience of real estate professionals at the 2012 Hogan Lovells Real Estate Seminar. For those who lived through the period, Sandbrook’s talk evoked a bleaker period when the oil crises caused the price of oil to

Posted in Real Estate News

Second annual Welbeck strategic land debate

On 24 September 2012 Hogan Lovells hosted the Second Annual Welbeck Strategic Land Debate.  Chaired by Property Week’s Editor-in-Chief, Giles Barrie, Chris Tinker of Crest Nicholson and Liz Peace of the BPF argued for the motion “We believe that the Government should be encouraging development both on green fields and in cities” whilst Richard Blakeway,

Posted in Case Updates

Beware of the slippery steps

Drysdale v Hedges (2012) 162 N.L.J. 1056 Mr Hedges was Ms Drysdale’s landlord of a flat. Ms Drysdale sustained serious injuries when she fell down the steps leading to the flat and she claimed damages from Mr Hedges in negligence and occupiers’ liability and under the Defective Premises Act 1972, arguing that his actions in

Posted in Case Updates

Landlord and Tenant: Insurance – landlord fails to recover premiums after failing to insure joint names with tenant

Green v 180 Archway Road Management Co Ltd [2012] UKUT 245 In July 2012, the Upper Tribunal decided that a landlord could not recover insurance premiums from its tenant for four out of five years because it had failed to insure the building in accordance with the lease covenants. The lease required the landlord to

Posted in Case Updates

Removal of door handle made injury foreseeable

Alexander v Freshwater Properties Ltd [2012] EWCA Civ 1048 Ms Alexander was the tenant of a flat within a block managed by Freshwater. She was injured when the front door to the block shut on her hand. Ms Alexander bought proceedings against Freshwater and against the builder engaged by them to carry out a refurbishment

Posted in Case Updates

Rateable occupation must be beneficial to occupier

Makro Properties Ltd v Nuneaton and Bedworth BC [2012] EWHC 2250 (Admin) Makro was the tenant of a wholesale warehouse in Coventry. The Local Authority sought to recover empty rates from Makro for the years 2009 and 2010. It was accepted by Makro that the property was empty for part of that period. However, Makro

Posted in Case Updates

Notification by management company of revised car parking scheme

Samambwa v Countrywide Managing Residential Ltd [2012] EWCA Civ 1133 Mr S was a long leaseholder of a flat. The lease included a right to park in an allocated parking space. The lease contained a duty on the part of the management company to manage the car parking spaces. In practice it was often difficult

Posted in Case Updates

Consent to assign not unreasonably delayed

E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) E.ON was Gilesports’ landlord of a retail shop. Gilesport sought to assign the lease and requested E.ON’s consent by email. The email did not state that there was an urgency in respect of the transaction. Gilesports provided financial information in respect of the assignee on

Posted in Case Updates

Landlord and tenant case update: Break Options

Landlord and tenants often include break clauses in a lease which allow either or both parties to terminate the lease midway through the lease. Usually the break clause is for the benefit of the tenant who is nervous about committing to rent liabilities for a long period in one location. One issue which recently came