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Monthly Update

November 2018

The November 2018 update is now available.

Topics this month:
  • Long Leases: Forfeiture - Section 146 Notices - Invalidity
  • Public Access: Town or village greens - Rectification of the register
  • Residential Tenancies: Property Tribunal Procedure - Costs - Unreasonable Conduct
  • Solicitors’ Practice Points: SRA Transparency Rules; Consultation on reform to leasehold; Consultation on reform of Enfranchisement
This page contains brief summaries of this month's property law update - see below. If you subscribe to the detailed Monthly updates written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators please Login and go to the Download page to download the full update.

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The next update will be in the middle of November.

With best wishes,

Gary Webber
16 November 2018


Long leases

Forfeiture - Section 146 Notices

Cheerupmate 2 Ltd v Calce
[2018] EWCA Civ 2230


Failure to use up-to-date prescribed information required in a notice pursuant to s166 of the Commonhold and Leasehold Reform Act 2002 did not render the notice invalid.

However, s166 provides that until a valid notice is served rent does not fall due, so the grace period specified in a lease’s forfeiture clause does not begin to run until such service, rather than when the sum becomes payable under the lease.

Public Access

Town or village greens - Rectification of the register

TW Logistics Limited v (1) Essex County Council (2) Ian James Tucker
[2018] EWCA Civ 2172


The Court of Appeal dismissed an appeal from the decision of Barling J ([2017] Ch 310) to dismiss an application by the Claimant company under s14 of the Commons Registration Act 1965. The application was for rectification of the register of town or village greens by removing an area of land forming part of the working Port of Mistley in Essex. The land was about 90m in length and 20m in width at its widest, including part of the water frontage onto the River Stour (‘the Land’).

Baring J did not agree that the Land ought not to have been registered as a TVG when the Council registered it on 25 July 2014 under s15(3) of the Commons Act 2006 on the application of the second defendant.

Residential tenancies

Tribunal Procedure (Property Chamber) - Costs

Staples v Cranfield
[2018] UKUT 341 (LC)


Conduct related to the compliance with orders made by the Tribunal may fall within Rule 13. Costs incurred subsequently to address such compliance in the Tribunal are in principle recoverable if the conduct was unreasonable.

S24(4) of the Landlord and Tenant Act 1987 does not extend the Tribunal’s jurisdiction to award costs beyond the ambit of Rule 13.

Solicitors' Practice Points

There are 3 points this month:
  • SRA Transparency Requirements
  • Government Consultation on reform to leasehold
  • Law Commission consultation on reform to Enfranchisement

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