Trawl: Property Law UK Update Info for Newsletter Editors
| Trawl date | 10 March 2023 |
| Article deadline | 22 March 2023 |
Deadlines for future trawls and article submission dates will be added to the system in due course.
Contents – topic areas
1. Residential leasehold management
2. Transactional Issues
3. Transactional Issues – restrictive covenants
4. Transactional Issues – contractual liability
5. Transactional Issues – contract interpretation
6. Transactional Issues – property fraud
7. Transactional Issues – contractual liability
8. Planning
9. Leasehold -Park Homes
1. Residential leasehold management
Assethold Ltd v Eveline Road RTM Company Ltd
RIGHT TO MANAGE – COMMONHOLD AND LEASEHOLD REFORM ACT 2002 application of right to manage provisions to property comprising part of a terrace of properties – meaning of part of a building in Section 72 of the Commonhold and Leasehold Reform Act [2023] UKUT 26 (LC) (02 February 2023)
Brunswick Mansions Management Company Ltd v Triplerose Ltd
LANDLORD AND TENANT – SERVICE CHARGES – orders under section 20c of the Landlord and Tenant Act 1985 and under paragraph 5A of Schedule 11 to the Common and Leasehold Reform Act 2002 [2023] UKUT 31 (LC) (01 February 2023)
A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd
LANDLORD AND TENANT – RIGHT TO MANAGE – requirement to serve claim notice on all landlords or all or part of the building – effect of failure to serve – intermediate landlord with no management responsibilities [2023] UKUT 27 (LC) (31 January 2023)
Anchor Hanover Group v Cox
LANDLORD AND TENANT – SERVICE CHARGES – assured tenancy) [2023] UKUT 14 (LC) (17 January 2023)
NICHOLAS JOHN HALL AND CHRISTOPHER VALENTINE LOPEZ AS TRUSTEES OF THE CAROLINA RABONI ESTATE v Revenue & Customs
IHT – whether an Interest in Possession arose in an estate where the assets apart from the house in question were not sufficient to pay the inheritance tax [2023] UKFTT 32 (TC) (10 January 2023)
Smith v Waterloo Warehouse RTM Co Ltd
LANDLORD AND TENANT – SERVICE CHARGES – decision by the FTT about contested facts without a hearing [2023] UKUT 8 (LC) (05 January 2023)
2. Transactional Issues
Housing Solutions v Smith
RESTRICTIVE COVENANT – modification – covenants restricting use of site to parking of cars – houses built in breach of covenant – whether covenants secure practical benefits of substantial value or advantage – s.84(1)(aa) and (c), Law of Property Act 1925 – discretion of Tribunal [2023] UKUT 25 (LC) (27 January 2023)
DUNNE v Revenue & Customs
VAT – DIY Builders Scheme – whether planning permission for a dwelling – no – appeal dismissed [2023] UKFTT 88 (TC) (26 January 2023)
Bunyan (Valuation Officer) v Acenden Ltd
RATING – VALUATION – modern headquarters office building let in “Category A” condition before fitting out by tenant to “Category B” – whether rateable value increased by tenant’s fitting out works – whether statutory decapitalisation rate to be used when analysing rental value fit out [2023] UKUT 17 (LC) (25 January 2023)
Arma Hotels Ltd v Bunyan (Valuation Officer)
RATING – VALUATION – small independent hotel – use of fair maintainable trade methodology or comparable valuation – whether a tone established for the 2017 list [2023] UKUT 3 (LC) (25 January 2023)
SEXTON & Anor v Revenue & Customs
Stamp duty land tax – acquisition of a flat with the benefit of a right to use a communal garden [2023] UKFTT 73 (TC) (19 January 2023)
3. Transactional Issues – restrictive covenants
Quantum (Barrowsfield) Ltd v Bell & Ors
RESTRICTIVE COVENANTS – DISCHARGE OR MODIFICATION [2023] UKUT 2 (LC) (05 January 2023)
Sutton v Baines & Anor
RESTRICTIVE COVENANTS – DISCHARGE – garden of house in residential suburb – “one house” restriction – expired outline planning permission for second house – whether practical benefits of substantial value or advantage – s84(1)(aa) Law of Property Act 1925 [2022] UKUT 342 (LC) (19 December 2022)
English Rose Estates Ltd v Menon & Ors
LANDLORD AND TENANT – SERVICE CHARGES [2022] UKUT 347 (LC) (19 December 2022)
Livett & Anor v Hennings & Anor
RESTRICTIVE COVENANTS – ENTITLEMENT TO BENEFIT – requirements for a building scheme – the need for a defined area [2022] UKUT 325 (LC) (7 December 2022)
Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6 (08/02/23)
Supreme Court in Aviva v Williams [2023] UKSC 6, in what is a significant decision for residential L&T practitioners.
4. Transactional Issues – contractual liability
Barton and others v Morris and another in place of Gwyn Jones Deceased [2023] UKSC3
Payment not addressed in contractual terms and unjust enrichment
5. Transactional Issues – contract interpretation
Malik v Hussain [2023] EWCA Civ 2
Dispute Resolution analysis: This case concerned a dispute about the interpretation of a provision in a court-ordered sale mechanism for the assets of a dissolved partnership.
6. Transactional Issues – Property Fraud
Ashraf v Lester Dominic Solicitors [2023] EWCA Civ 4
The ruling in Ashraf v Lester Dominic Solicitors & Ors [2023] EWCA Civ 4 is part of long-running litigation stemming from the purported fraudulent transfer of the property.
7. Transactional Issues – contractual liability
Yee Shi Yin & Ors v. 174 Law Solicitors Limited [2023] EWCA Civ 13
Investors from Hong Kong challenged the interpretation of the sale agreements and the finding of estoppel by convention by His Honour Judge Hodge KC in a High Court judgment last year. The case concerned a development of 366 residential units in Pall Mall, Liverpool. The developer’s solicitors, Birkenhead firm 174 Law Solicitors Ltd, held the buyers’ deposits; the appellants Yee & others claimed that 174 had released the deposits when it should not have done.
8. Planning
Secretary Of State For Transport v Bleep UK Plc & Ors
COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development [2022] UKUT 331 (LC) (16 December 2022)
Tallington Lakes Ltd v South Kesteven District Council
PARK HOMES – PROCEDURE – correct holder of a licence for a relevant protected site [2022] UKUT 334 (LC) (16 December 2022)
DB Symmetry Ltd & Anor v Swindon Borough Council
The principal issues on this appeal are whether it is lawful for a planning authority in granting planning permission for a development to impose a planning condition that the developer will dedicate land within the development site to be a public highway, and whether the planning condition in issue is properly construed as having that effect. [2022] UKSC 33 (14 December 2022)
9. Leasehold -Park Homes
Tingdene Marinas Ltd v Jaffe
PARK HOMES – SITE LICENSING – meaning of “caravan” – land covered by water – houseboat – whether a site is a protected site [2023] UKUT 16 (LC) (20 January 2023)
English 