April 12, 2017

Real Estate Bulletin - Spring 2017

In this edition of the Real Estate Bulletin, we update you on recent decisions affecting the property industry:

  • The issue of whether works are repairs or improvement often arises in relation to dilapidations but the recent case of Tedworth v Miller [2016] UKUT 522 shows that this question also arises in relation to the recoverability of the costs of works through service charges.

  • An interesting case involving Vivienne Westwood in relation to the importance of how side letters are drafted and their enforceability.

  • The Supreme Court's approach to

  • Does a commercial building which is in the course of redevelopment have to be valued for the purposes of rating as if it were nevertheless in repair and useable? This decision has provided some much needed clarity on the issue of beneficial occupation and will be welcomed by property developers.

  • The Assets of Community Value (ACV) scheme, introduced by the Localism Act 2011, provides local community groups, first, with the power to nominate land or buildings that the local community believe to be of value to the local community to be listed, and second, the ability and time to raise money to purchase the asset should it come onto the open market.This article raises important points for landowners who should be aware of the restrictions to which they may be subject to as a result of an asset being nominated or listed as an ACV.

  • The distinctions between leases and licences revisited again.

  • A tenant's attempt to obtain money back for an over estimated service charge fails.

To read more, please click download below.

If you have any questions or would like to discuss any of the topics further, please don't hesitate to contact the article author or your usual Clyde & Co contact.