Real Estate Bulletin - April 2019

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

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

• Brexit – A source of frustration

The eagerly awaited judgment in Canary Wharf (BP4) T1 Limited and others v European Medicines Agency [2019] EWHC 335 (Ch) proved to be a source of frustration for the EMA which wanted to get out of its lease of premises at Canary Wharf following the 2016 Brexit referendum.

• Nuisance of the third kind?

The owners of glass-fronted apartments were unable to persuade the court that their privacy rights were infringed when the Tate Modern incorporated a viewing gallery in its Blavatnik Building: Fearn and Others v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch).

• Noise annoys?

In Fouladi v Darout Limited and others [2018] EWHC 3501 (Ch) a leaseholder successfully sued a neighbour whom she found excessively noisy but her claim against their mutual landlord failed.

• New decisions on the Electronic Communications Code — a win for nomophobes and operators?

We report on decisions made by the Upper Tribunal (Property Chamber) on an application for interim rights and a dispute about the consideration payable to a site provider under the Code: EE Limited and Hutchison 3G UK Limited v The Mayor and Burgesses of the London Borough of Islington [2018] UKUT 361 (LC) and [2019] UKUT 53 (LC).

• A material variation of contract did not prevent practical completion

Despite variations to a landlord’s works which were deemed to be material under the terms of a contract, the court ordered that practical completion was not prevented in Mears Limited v Costplan Services (South East) Limited and others [2019] EWCA Civ 502 (CA).

• Keep in touch with your landlord or risk repossession?

Gibbs v Lakeside Developments Ltd [2018] EWCA Civ 2874 is the sorry tale of a leaseholder who lost a valuable asset because she missed opportunities to defend her landlord’s claims for arrears and forfeiture.

• New police powers to evict travellers

The Home Secretary has announced plans to increase police powers to tackle illegal traveller sites.

• Landlord’s obligations – a postscript

Permission to appeal to the Supreme Court has been granted in the case of Duval v 11-13 Randolph Limited [2018] EWCA Civ 2298.

• Development update seminar on 23 May and 6 June 2019

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.