Property Law Library
This section of the site contains articles, case reports and other material written by our expert team of highly experienced and knowledgable barristers, solicitors and legal commentators, with links to the original sources where available.
The Property Law Library is continually updated from the monthly updates.
See the topic list on the left and from the main menu.
The Accountables: Duties, Higher-Risk Buildings, and Principal Accountable Persons
This article examines the responsibilities of Accountable Persons (APs) and Principal Accountable Persons (PAPs) as defined under the Building Safety Act 2022 (BSA 2022) and subsequent regulations. These regulations establish the framework for managing building safety...
Claims Under the Defective Premises Act 1972 (“DPA”) in the Light of the Building Safety Act 2024 (“BSA”)
Wilson Horne considers the case of BDW Trading Ltd v URS Corp Ltd [2023] in relation to the good prospects of recovery of losses for defects in the relevant buildings notwithstanding the distant expiry of the contractual limitation period. Case name, reference...
The Clarke Edwards Partnership, Property Legal Vacancies
The Clarke Edwards Partnership, Property Legal Vacancies: - Real Estate, Associate/Senior Associate, PLUK043 This is a fantastic opportunity for a Real Estate Lawyer to work alongside and learn further from an impressive and highly ranked Legal500 team. This...
The Evolution of Remediation Contribution Orders
This article is adapted from a talk given by Timothy Polli KC and Katie Gray on 7 February 2024 Introduction Remediation Contribution Orders (“RCOs”) were introduced by the Building Safety Act 2022 (“the BSA”). This article explores how the jurisdiction to...
Resident (and Commercial) Evil(s): Mixed-Use Buildings & HRBs
Hugh Rowan, Barrister, and Sam Madge-Wyld explore the application of the BSA 2022 to mixed-use buildings, concentrating on defining Higher-Risk Buildings (HRBs) and excluded properties. They tackle the complexities of identifying HRBs, including height, occupancy, and...
The Limitation Game
Andrew Butler KC delves into the extension of time limits for building safety claims under Section 135 of the Building Safety Act 2022, covering issues like defective premises and building regulations. He highlights the retrospective nature of the law, enabling...
Appeal on Administration Charge Reasonableness and FTT Cost Rulings in Landlord-Tenant Dispute
Ian Quayle discusses Clemente v Mindmere Ltd (Rev1) [2024] which concerned an appeal on a determination of reasonableness of an administration charge. The landlord had brought a money claim for unpaid service charges and ground rent (the claim expressed as being with...
Book Review: Business Premises: Possession and Lease Renewal
Property Law UK’s Managing Editor, Ian Qualye, dives into the pages of Business Premises: Possession and Lease Renewal, offering a compelling critique of Gary Webber and Daniel Dovar's authoritative guide on the subject. It is rather apt after an enjoyable but busy...
Upper Tribunal Explores Reasonableness and Rationality in Residential Lease Service Charges
Ian Quayle considers the case of Bradley & Anor v Abacus Land 4 Ltd [2024] which concerned an examination by the Upper Tribunal of reasonableness in the context of service charge and what was meant by acting rationally as required by a residential lease. ...
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