Articles

The Building Safety Act 2022 -  Is there an obligation on landlords to pay for remediation costs?

The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.

• Catherine Taskis KC

The Building Safety Act 2022 - Waking watches on reasonably incurred costs

The Building Safety Act 2022 received Royal Assent in April 2022. It is seen as an “overhaul” of previous regulations and changes how residential buildings should be constructed, maintained and made safe. A group of Falcon Chambers barristers have studied the Act, analysed how it has been interpreted in courts and tribunals thus far, and have first-hand experience of BSA cases. In this series of articles Paul Letman, Catherine Taskis KC, Cecily Crampin, Camilla Chorfi and Julia Petrenko set out key issues property law practitioners should be aware about the BSA 2022.

• Cecily Crampin

Challenging a breathing space moratorium: West One Loan Limited v Salih

Challenging a breathing space moratorium: West One Loan Limited v Salih

• Thomas Rothwell

Elim Court RTM Company Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89

- New Court of Appeal Decision on compliance with Right to Manage statutory provisions under the Commonhold and Leasehold Reform Act 2002 - Non-compliance with the notice provisions is not fatal to the claim: not every defect, however trivial, invalidates a statutory notice

• Cecily Crampin

Trying to make sense of a mansion tax

Setting aside for the moment all questions of equity, fairness and affordability, is it a tax which is actually workable in practical terms?

Estoppel and Residential Leases

A recent spate of decisions in the Upper Tribunal have applied the doctrine of estoppel by convention in the context of service charge disputes.

• Philip Sissons

Article 8 defences to possession claims

Toby Boncey & Tricia Hemans

• Toby Boncey

Update on the actual occupation overriding interest

Reminder of the context in which the question of overriding interests arises

• Stephanie Tozer KC

Human Rights and Property Litigation

This talk introduces practitioners to some of the concepts that they will need to be familiar with when dealing with human rights under the European Convention on Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).

• Oliver Radley-Gardner KC

Section 21 Notices from 1st October 2015

The Deregulation Act 2015 introduces a raft of new measures controlling assured shorthold tenancies (“ASTs”).

• James Tipler

Adverse Possession

A paper given to the PLA in Manchester.

• Martin Dray

Leasehold Issues Masterclass

Powers of Leasing and the effects of surrender

• Gary Cowen KC

Mortgage Possession

Mortgage possession and unfair relationships.

• Cecily Crampin

To Air B & B or not to Air B & B

• James Tipler

The Right to Manage

Philip Sissons & Tricia Hemans

• Philip Sissons

Tenants’ statutory right of first refusal (Mahmut and another v Jones)

Anthony Radevsky, who represented the respondents in Mahmut v Jones comments on a landlords’ obligation to respect tenants’ statutory right of first refusal under Part 1 of the Landlord and Tenant Act 1987 (LTA 1987).

• Anthony Radevsky

When Service Charges Attack

This paper is intended to suggest some coping strategies for those of us who must, from time to time, untangle service charge disputes.

• Oliver Radley-Gardner KC

The Jackson Reforms

A retrospective on relief from sanctions and cost budgeting since 1st April 2013

• Joseph Ollech

Mortgages and insolvency

The task of understanding how such a mortgage is affected by the detailed insolvency regime is not an easy one.

• Stephanie Tozer KC

A Lively Controversy

The role of detriment in the doctrine of proprietary estoppel

• Caroline Shea KC

Home or Away

Jurisdictional issues in claims relating to overseas property.

• Mark Galtrey

Variations to Leases

What are the formalities requirements for variations to leases?

• Greville Healey

On the Receiving end

Receivers and possession, Cecily Crampin and Tricia Hemans suggest looking past the agency device. This article was first published in the New Law Journal on 22nd March 2019.

• Cecily Crampin

Dealing with breach of contract

Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how?

• Philip Sissons

Landlord’s development of retained parts

It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold interest is of part of a property or complex in multiple occupation, such risks typically arise from the occupation of the other parts of the property.

• Caroline Shea KC

Wells v Devani

Supreme Court ruling reinforcing oral agreements. First published on Lexis online.

• Tricia Hemans

“It was wrongly decided…....”

A paper presented to the DLA Piper UK LLP Training Day on 18th May 2017 by Guy Fetherstonhaugh QC

• Guy Fetherstonhaugh KC

A Very Bold Fraudster

In a recent appeal arising out of a property fraud a long time ago, the Upper Tribunal determined that the fraudster was not able to claim adverse possession of the property to defeat the true owner’s claim to have it back, even if he had been in possession for more than 12 years prior to 2003.

• Stephanie Tozer KC

Whose agent are you anyway?

Tricia Hemans and Roisin McGlinn (an associate solicitor at TLT LLP) consider common arguments raised by borrowers against LPA Receivers

• Tricia Hemans

Valuation Challenges in Real Litigation

Some common features of typical disputes involving valuation

• Caroline Shea KC

Break Notices - White Paper Conference October 2016

• Guy Fetherstonhaugh KC

Cherry Picking

The Effect of Extrinsic Evidence on the Interpretation of Registered Documents

• Tamsin Cox

Case Law Kaleidoscope

A selection of property cases decided in 2017 ranging across the piste of property litigation, with decisions on the 1954 Act, statutory notices, easements, restrictive covenants, development agreements, injunctions protecting property rights and strata title.

• Guy Fetherstonhaugh KC

The misty world behind Land Registration

For Land Registration, the misty world of what one sometimes might wish to describe as reality, should be of limited effect. Despite the aims of the Land Registration Act 2002, however, difficult cases remain. First published in Central London Lawyer.

• Cecily Crampin

Landlord’s disrepair claims

Essential guidance for tenants

• Anthony Tanney

Adverse Possession

How long must be the "reasonable belief" last?

• Kester Lees KC

Civil Procedure Update, July 2017

Phil Sissons considers the following topical issues: The Business and Property Courts; No relief from Mitchell; A new protocol for debt claims; and Costs on the small claims track

• Philip Sissons

Index Conference March 2016

Navigating uncharted procedural waters: dealing with un-cooperative parties, natural justice, privilege and other procedural problems

• Nathaniel Duckworth KC

Restrictive Covenants & Injunctions

How to understand the former and avoid the latter

• Nathaniel Duckworth KC

Ups and Downs of Demises

Airspace; Leases; Subsoils; Subterranean space. Article first published in L&T Review.

• Janet Bignell KC

Property Law Update

May 2016.

• Oliver Radley-Gardner KC

Relief from Forfeiture

A talk Nat Duckworth gave to the PLA

• Nathaniel Duckworth KC

Mooring Rights

In recent years there has been a number of cases involving mooring boats.

• Jonathan Gaunt KC

Law Commission Land Registration Consultation

Charles Harpum's response to the Law Commission Consultation

• Charles Harpum KC (Hon)

Interpretation of Contracts

First delivered at the Global Law Summit, London February 2015.

• Timothy Fancourt QC