January 22, 2019

Real Estate Bulletin - January 2019

Welcome to the January 2019 edition of the Real Estate Bulletin.

This edition brings you an update on recent decisions and legal developments affecting the property industry:

We discuss the implications of the recent Supreme Court decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] regarding what a landlord must prove to establish intent under s. 30(1)(f) of the Landlord and Tenant Act 1954 when opposing on the grounds of redevelopment (and own occupation).

We examine the very helpful decision of Vastint Leeds BV v Persons Unknown [2018] for developers wishing to protect themselves from potential incursions by trespassers.

In Cardtronics Europe Ltd and others v Syke and others (Valuation Officers) [2018], the Court of Appeal decided the correct legal approach to the rating of ATMs in retail premises with long-awaited positive consequences for retailers.

In Cornerstone Telecommunications Infrastructure Ltd v University of London [2018] the Upper Tribunal (Lands Chamber) determined that an Operator’s Code rights include a right for it to access prospective telecoms sites to undertake an initial suitability survey.

A case comment on the Court of Appeal’s decision in Duval v 11-13 Randolf Crescent Ltd [2018] regarding a landlord’s obligation to enforce tenant covenants at the request of other lessees.

A case comment on Saravananthan Thirunavukkrasu v B S Brar and J K Brar [2018] which considered whether the exercise of CRAR amounts to a waiver of the right to forfeit a lease.

An analysis of Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2018] which decided that a new ‘species’ of easement may exist for the purposes of leisure activities.

A wallchart analysis of a landlord’s remedies for a tenant’s insolvency.

A useful guide to sums due at the end of a tenant’s lease.

A thank you to those of you who attended our recent seminar.

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.