Property and Estates Articles

Knowledge, approval and rectification: Martin Strutt provides an analysis of contentious probate cases.

Recent developments in commercial landlord & tenant - Liability for commercial rent in the pandemic: a review by Gavin Hamilton.

Antonietta Grasso considers the recent case of Ficcara & Others v James [2021] UKUT 0038 (LC), [2021] All ER (D) 30 (Mar), in which the tenants raised the issue of the interpretation of sections 40, 43 and 44 HPA2016 and whether the multiplicity of offences by a landlord should result in multiple rent repayment orders.

The remote witnessing of wills: a last resort
Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and its impact on the remote witnessing of wills.

3PB first-six pupil barrister Alex Leonhardt reviews the case Trecarrell House Ltd v Patricia Rouncefield [2020] EWCA Civ 760 in a detailed article.

3PB Barristers’ Matthew Cannings, who heads the Property & Estates team reviews Trecarrell House decision on landlords’ eviction rights and gas safety certificates.

Lydia Pemberton, deputy head of 3PB’s Property and Estate team, and Charles Irvine, a member of 3PB’s Property and Estates team and Commercial team, have reviewed the new changes to the execution of documents brought about shortly before and since the COVID-19 pandemic and lockdown.

New ways of working have meant a rise in technology and electronic communications which brings new formalities when it comes to dealing with the execution of legal documents. In this article, Lydia and Charles assess the current rules on formalities of deeds and documents and give their detailed response to these frequently asked questions from private client and property solicitors:
• What constitutes signature?
• What amounts to attesting?
• What happens if a deed fails to meet the formality requirements?
• What about formalities for notices and section 44 of the Companies Act 2006?
• What is HM Land Registry’s response to the COVID-19 lockdown?
• What are the formalities for wills?

3PB specialist Civil barrister Richard Wheeler has produced an article on how to get the Court to hear your case during the Coronavirus pandemic.

The article “Getting the Court to Hear Your Case During the Pandemic” provides an insight into county court civil listing during the pandemic which may assist litigants to retain their current court listings. It provides answers to the following questions:

• What does the court’s triage process involve?
• What considerations might the court have in mind during triage?
• Why was my case adjourned when it was suitable for remote hearing?
• What practical issues do judges face during a remote hearing?
• What can litigants do to help ensure a case remains listed and is effective as a remote hearing?

3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell have issued an updated guide on the rights of commercial landlords and their tenants during the Coronavirus pandemic.

The guide reviews the existing position for commercial landlords and their tenants as well as an update on the latest Government’s announcement on 23rd April 2020.

3PB’s Head of Property and Estates Group Matthew Cannings and Alex Leonhardt, pupil barrister, have produced an update for residential landlords and tenants during the coronavirus pandemic. The article considers the implications of the Coronavirus Act 2020 and Practice Direction 51Z of the Civil Procedure Rules and what the new provisions mean for residential landlords and tenants, including the imposition of a 90-day stay on most possession proceedings and the new three-month notice requirement.

3PB's specialist Commercial and Property law Barrister Thomas Talbot-Ponsonby has produced an article on Residential Landlord and Tenant Tax during the Coronavirus pandemic.

Injunctions in the time of the Coronavirus: Antonietta Grasso reviews the alternative solutions available to those whose possession claims have been delayed due to the coronavirus lockdown.