March 23, 2020

Real Estate Bulletin - March 2020

Welcome to the March 2020 edition of the Real Estate Bulletin.

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

Unreasonably withholding consent - reasonable odds favour the Landlords refusal of consent – just!

By a narrow majority the Supreme Court overturned the Court of Appeal decision and deemed that a landlord’s refusal to consent to an application for change of planning use was reasonable.

The eagerly awaited application of Ground F

The Central London County Court’s decision in London Kendal Street No3 Ltd v Daejan Investments Ltd can be considered a victory for landlords in the first reported application of the new ground (f) test, as set out last year in the Supreme Court case of S Franses Limited v The Cavendish Hotel Ltd.

Contractual interpretation – leave it to the court

In Great Dunmow Estates Limited v Crest Nicholson Operations Ltd & Ors [2019] EWCA Civ 1683, the Court of Appeal held that (1) matters ‘agreed’ by parties during the process of expert determination did not have contractual effect where the main contract contained an anti-informal variation clause and that (2) the court retained jurisdiction to construe the contract defining the expert’s role, where this jurisdiction was not excluded in the main contract.

Rent arrears and forfeiture – a complex predicament

Thirunavukkrasu v Brar considered whether the exercise of Commercial Rent Arrears Recovery (“CRAR”) under the Tribunals, Courts and Enforcements Act 2007 (the “Act”) waives the right of a commercial landlord to forfeit a lease for the rent arrears.

Failure to document removal of right of way scuppers proposed development

The High Court decision in Pezarro v Bourne provides an important reminder to appropriately document, sign and register any agreement to remove or modify rights over land.

1954 Act Protection trumps rights under the Electronic Communications Code 2017

In the recent case of Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd, the Upper Tribunal for the first time had to consider the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954.

Who has the right to apply for code rights under the new Telecommunications Code?

Cornerstone v Compton Beauchamp Estates Limited considered the question of whom telecoms operators should approach in order to gain new rights over land which they are looking to use for the first time.

Clyde House: Development update seminars on 20 and 28 November 2019

A thank you to those 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.