News

Redcar – village green registrations

Last week saw another victory for local residents against developers in the Battle of the Village Greens. In R (on the application of Lewis) v Redcar and Cleveland Borough Council [2010] UKSC 11, the Supreme Court unanimously held that alleged “deference” by dog-walking, bird-watching local residents to the playing of golf on disputed land, had not prevented the residents’ use of the disputed land from amounting to an “as of right” use. Lord Walker said: “It is not as if the residents took to their heels and vacated the land whenever they saw a golfer. They simply acted … […]

Model forms of shared ownership lease

New model forms of shared ownership leases have been published on the website of the Homes and Communities Agency. From April 6, 2010, all shared ownership leases used for homes funded by the HCA have to conform with the revised form. See – Model leases for housing association use from April 2010.

Making wider uses of EPCs and DECs

In a consultation paper entitled Making better use of Energy Performance Certificates and data the Department for Communities and Local Government is proposing making a much wider use of the rules relating to Energy Performance Certificates and Display Energy Certificates, including requiring EPCs for houses in multiple occupation (HMOs) when rooms in the buildings are rented out, requiring EPCs for short-term holiday lets, requiring property adverts to show EPC ratings, extending the use of DECs to commercial buildings and in general, making better use of the energy performance data contained in the EPC. The consultation runs until 25 May 2010.

Can a guarantor guarantee an AGA?

That question? Again? Well, as predicted, it appears that this current recession is going to give us an answer to the question, and the answer, in the very well reasoned decision of Mr Justice Newey, in the case of Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch) – a Chancery Division application for summary judgment – is that a guarantor is released from liability upon a lawful assignment of a post-1995 Act lease, and that an attempt to prolong the guarantor’s liability (e.g. by requiring the guarantor to guarantee the AGA, or to guarantee the incoming […]

Online seminars

Starting in a couple of weeks, I am presenting a series of live online property seminars, on a variety of property law topics, each one running over a lunchtime for a period 90 minutes. These are seminars that you attend from the comfort of your own PC. The topics may be of interest to you, or to one or more of your colleagues.

I am hosting the first two seminars in March. They are:

Rent Deposit Arrangements – 12.30pm, Monday 8th March 2010
Detailed content can be found at http://propertypsl.webex.com/

Carbon Reduction Commitment – Drafting Points for Landlords and Tenants – 12.30pm, Monday […]

Mercury Tax – Law Society Practice Note

The Law Society has published a practice note on the execution of documents by virtual means. The practice note advises on good practice in the light of the Mercury Tax case (R (on the application of Mercury Tax Group and another) v HMRC [2008] EWHC 2721) and, following the publication of the City of London Law Society’s “virtual closing protocol”, it suggests different options for so-called virtual signings and closings. A virtual signing is the signing of a document by a person who is distanced from the document that would ordinarily be regarded as the original, but who […]

House Builders’ Contracts

Significant changes of practice are occurring in the house building industry. These will be covered in full in next week’s CPI Update. From April 1, 2010, a mandatory Code of Practice – the Consumer Code for Home Builders (see http://www.consumercodeforhomebuilders.com) – will apply to house builders who are members of home warranty schemes, such as the NHBC, who have undertaken to enforce the Code. Such home warranty bodies have agreed to require their registered builders to adopt and comply with the Code. Of greatest interest to property lawyers is the requirement in the Code for the house builder’s contract of […]

Community Infrastructure Levy – draft regulations published

Draft regulations – The Community Infrastructure Levy Regulations 2010 – have been laid before parliament. At the same time, the Department for Communities and Local Government has published a summary of responses received on the detailed proposals and draft regulations for the introduction of the Community Infrastructure Levy which took place between July and October 2009. See DCLG CIL Summary.

The final draft regulations laid before parliament contain some modifications to the government’s initial proposals for CIL. These include levying the CIL charge on net additional increase in floor space arising from development, rather than gross floor space; allowing […]

Planning control – enforcement periods

How much time is available to a local planning authority to enforce breaches of planning control?

See section 171B of the Town and Country Planning Act 1990:

“(1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.”

“(2) Where there has been a breach of planning control consisting in the change of use of any building […]

CRC draft regulations published

The draft CRC Order has now been published on the Office of Public Sector Information (OPSI) website. Click on: The CRC Energy Efficiency Scheme Order 2010, press print, and read all 87 pages.

Is rent an expense of an administration?

In November 2009, we posed the question: Is rent an expense of an administration? The question was answered in the affirmative, on the basis of obiter comments made by Mr Justice Briggs in the case of Lomas & Ors v RAB Market Cycles (Master) Fund Ltd & Ors [2009] EWHC 2545 (Ch). Now, we have a Chancery Division decision in which the point was central to the case: Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009] EWHC 3389 (Ch). This case positively decides the point in favour of the landlord. Where the administrator makes use of the […]

A contract not rendered void for uncertainty

Forgot to fill in the blanks in an agreement? Not to worry: the court will do it for you. In Westvilla Properties Ltd v Dow Properties Ltd [2010] EWHC 30 (Ch), a draft lease attached to a sale and leaseback agreement had failed to specify a landlord’s service charge percentage – the space had been left blank. The buyer argued that the agreement was therefore void for uncertainty. But avoiding a contract for uncertainty is the last thing a court wants to do. The High Court held that “the question of what this draft Intended Lease means when it defines […]

CRC drafting

A set of draft clauses dealing with landlord and tenant issues arising under the Carbon Reduction Commitment Energy Efficiency Scheme is added to the website. Whilst ongoing industry wide consultation is still ongoing, they are not currently recommended for use, and have not therefore been included in Property PSL standard leases. Click on http://propertypsl.co.uk/node/426

Using email to correspond

It’s not quite property law, but the E-Mail Netiquette for Lawyers by Gerald Lebovits, a judge of the New York City Civil Court.

CRC user guide

Also at the same place on the DECC website there is a new 99 page user guide: “The CRC Energy Efficiency Scheme User Guide”. This is a guide for clients “written as a practical tool for those people within these organisations who will be responsible for ensuring compliance with the scheme” (e.g. energy managers and financial managers).

CRC Regulations

According to the DECC website (the Department of Energy and Climate Change) the draft Carbon Reduction Commitment Order was laid in Parliament, yesterday, on 19 January 2010. It does not currently appear on the list of draft statutory instruments on the OPSI website, but it will do so shortly, and a link will be provided from here.

Land Registry fraud

Land Registry has started a “Protect your Property” campaign in an effort to reduce property fraud, and to encourage property owners to keep their addresses for service up-to-date on the register. The Land Registry has published a leaflet – click on: Help protect your property – keep your contact details up to date. There are obvious reasons for keeping your address for service up-to-date. Where a notice is required to be served by the Land Registry on the registered proprietor, it will be served at his/her address(es) for service. For example, if anyone attempts to acquire registered land through an […]

CRC – recycling payments

Do you or, more likely, your clients want to know how CRC recycling payments are to be worked out? It is a complicated process, but it is explained at the following link: CRC Recycling Payments.