Article contributed by Sarah Thompson-Copsey Appeal against order for possession Case name, reference and Bailii link Selfridge Estate Ltd v Winchester Property Ltd [2023] EWHC 1945 (KB) https://www.bailii.org/ew/cases/EWHC/KB/2023/1945.html ...
Commercial Property
Document Drafts, Disputes and Overage
Article contributed by Ian Quayle An interesting Upper Tribunal decision, which, although it is a commercial property case, has explored several issues for residential conveyancers and commercial property lawyers. It examines – The need for caution in...
Reform of the Landlord and Tenant Act 1954
Article contributed John Mousicos - Trowers and Hamlins LLP The Landlord and Tenant Act 1954 (1954 Act) is a fundamental piece of legislation governing the relationship between landlord and tenant. It consists of two parts: Part I, which deals with the...
Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482
Article contributed by Ian Quayle Can a document described as Heads of Terms of Proposed Agreement become a legally binding and enforceable agreement? Bailii link: ...
A Successful Unjust Enrichment Claim in a Farming Family Context
Article contributed by Wilson Horne A Successful Unjust Enrichment Claim in a Farming Family Context Where Farming Land Was Allocated in the Local Plan for Development. The compensation due under the unjust enrichment claim was assessed by reference to...
The Interaction Between Commercial Property Contracts and Planning
Article contributed by Wilson Horne, Barrister, Kings Chambers The seller’s refusal to validate planning applications did not breach the terms of a conditional sale agreement. A High Court claim called Mullberry Homes Ltd v The Council of the Borough of...
Overage
The editor of this section is Peta Dollar, solicitor and freelance property law trainer (peta@petadollar.co.uk) SPS Groundworks and Building Ltd v Mahil [2022] EWHC 371 (QB) http://www.bailii.org/ew/cases/EWHC/QB/2022/371.html Summary An overage provision...
Overage
Introduction What is "overage"? What are the constituent elements of an overage clause? How long will it last? What will trigger the payment? How will the payment be secured? What are the drafting issues? In this detailed article Peta Dollar, the editor of the...