Real Estate Legal Update: A welcome from the editor…
This quarter’s Real Estate Legal Update covers a range of important topics in the field of law. One key case discussed is the first decision on Remediation Contribution Orders under the Building Safety Act 2022. The case of Batish v Inspired Sutton Ltd sheds light on the application of this new legislation, which aims to address building and fire safety issues following the Grenfell Tower tragedy.
Another interesting case involves the dissolution of a company and the subsequent vesting of freehold properties in the Crown Estate. The case of Dixon v The Crown Estate Commissioners highlights the complexities that can arise when dealing with ownerless property and the legal mechanisms for resolving such issues.
In the realm of landlord and tenant law, the case of Vistra Trust Corp (UK) Ltd v CDS (Superstores International) Ltd examines the validity of a tenant’s break notice and the implications of serving such notices too early. This case serves as a reminder of the importance of understanding lease terms and compliance with break clauses.
Additionally, the case of Cumbria Zoo Company Ltd v Zoo Company Investment Ltd delves into the issue of forfeiture and access rights, showcasing the legal considerations when a landlord seeks to terminate a lease due to tenant default.
Furthermore, the case of Dunward Properties Ltd v Isaac explores the nuances of reserved rights and contractual obligations in leases, emphasizing the need for clarity in lease agreements to avoid disputes between landlords and tenants.
On the topic of planning, the case of R (on the application of Braithwaite and Melton Meadows Properties Ltd) v East Suffolk Council delves into the complexities of Community Infrastructure Levy (CIL) and the importance of understanding the regulations surrounding planning charges on developments.
Lastly, the case of Sexton v HMRC provides insights into Stamp Duty Land Tax (SDLT) on residential properties and the criteria for determining ‘non-residential’ use, highlighting the need for careful consideration of tax implications in property transactions.
Overall, this edition of the Real Estate Legal Update offers valuable insights into key legal issues affecting the real estate sector in England and Wales. For further advice on any of these topics, readers are encouraged to consult with legal experts in the respective fields.
