Property and Estates News

New family pupil barrister Sam Pentony joins fellow Second Six pupil Alex Leonhardt “on their feet” and taking instructions for court representation, advocacy and advisory work. Civil pupil Alex Leonhardt’s caseload is focused on education, employment and housing law. Alex graduated top of his year on the GDL, obtaining a distinction on every paper. He was awarded the third highest mark on the BPTC with the top mark in his cohort for cross-examination and opinion...

The remote witnessing of wills: a last resort

25th September 2020

Until now, for a will or codicil to be valid, “presence” in the Wills Act 1837 required for the testator to be in the “line of sight”. This did not allow for the remote witnessing of wills. Probate barrister Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, which expressly provides that ““presence” includes presence by means of video conference or other visual transmission”, in real-time, for wills made since 31...

3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...

This month the Court of Appeal handed down judgment in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 and ruled that a failure to serve a gas safety certificate before a tenant enters in to occupation of the property will not create an absolute bar on residential landlords subsequently relying upon the section 21 eviction procedure. 3PB first-six pupil barrister Alex Leonhardt, in reviewing the case in a detailed article here,...

Matthew Cannings explains the significance of the Court of Appeal's decision in Trecarrell House v Rouncefield for landlords and gas safety certificates - all in under three minutes!    

Yesterday. Thursday 18th June 2020, the Court of Appeal handed down their judgment in the case of Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 to state that a failure to serve a gas safety certificate before a tenant enters in to occupation of the property does not create an absolute bar on residential landlords subsequently relying upon the section 21 eviction procedure. 3PB Barristers’ Matthew Cannings, who heads the Property & Estates team...

Aster Communities v Chapman and others [2020] UKUT 177 (LC) Judgment published 15.07.2020 Joshua Dubin has helped his clients to resist their landlord’s appeal against the imposition of conditions that will enable them to instruct an expert to assess whether certain repair works are necessary. The Upper Tribunal has upheld a decision to impose conditions when granting Aster dispensation from its service charge consultation requirements. Aster applied for dispensation because it omitted the total replacement...

Lydia Pemberton, deputy head of 3PB’s Property and Estates 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...

Publishers Viking has scooped an “urgent clarion call” for the British farming industry by 3PB criminal and family barrister Sarah Langford in a three-way auction. “For a Love of the Land” will be published in spring 2022 and follows Sarah’s hugely successful debut book, and Sunday Times bestseller, “In Your Defence: Stories of Life and Law”. Sarah Langford was a barrister for 10 years, working in criminal and family law in London and around the...

3PB’s specialist Property and Estates Barristers Charles Irvine and Rebecca Farrell issue 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. To read the full guide please click here. To discuss this further with Charles or Rebecca, please contact Chambers Director Mark Heath to schedule...

3PB’s specialist Property and Regulatory Law Barrister Joshua Dubin warns local authorities about their right-to-buy lease terms when major works are being planned. Piechnik v Oxford City Council [2020] EWHC 960 (QB) – Mrs Justice Tipples DBE In a judgment with significant implications for right-to-buy (‘RTB’) long leaseholders, the High Court has held that a local authority lessor does not have an extended right of entry implied into such leases in order to carry out works...

3PB’s specialist Commercial and Property Law Barrister Thomas Talbot-Ponsonby has issued an update on tax for both residential Landlords and Tenants. The article finds that the Coronavirus outbreak has come at difficult time for landlords due to the previous changes that will come into full effect on 6 April 2020. The current changes have been phased over the last three tax years, 25% at a time however on top of the new laws introduced by...