Property and Estates News

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...

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. Click...

3PB Family and Property Law Barrister Luke Nelson has produced an updated practical guide to case management for remote hearings. Due to the Coronavirus lockdown, the legal sector (known for it’s old fashioned ways of working) is having to adapt quickly to working remotely. The checklist and practical guide to case management provides you with all the knowledge you need to move forward during these unprecedented times. To read the guide please click here.

3PB Property barrister Antonietta Grasso reviews the alternative solutions available to those whose possession claims have been delayed due to the coronavirus lockdown. Click here to read Antonietta's briefing. Antonietta specialises in all property related matters, ranging from housing, boundary disputes, adverse possession, easements and restrictive covenants, landlord and tenant (both commercial and residential) and more. Antonietta has successfully seen her cases through to judicial review hearings in the Administrative Court and in the Court...

3PB Barristers' Property & Estates team has issued a new guide, authored by 3PB property barristers Charles Irvine and Rebecca Farrell, on the rights of commercial landlords and their tenants, both prior to the 2020 Act and now and offer practical solutions in these very challenging times for retailers and the commercial property sector. In particular, the guide deals with the existing position for commercial landlords and their tenants, such as the rights of re-entry...

3PB has issued an urgent briefing to its insolvency clients and contacts about a new Temporary Insolvency Practice Direction (TIPD) which has been introduced to provide sensible solutions for court users during the current COVID-19 pandemic. This means continued absence of court appearances in person.

3PB property barrister Charles Irvine has successfully acted for Seaton House School, named Independent Preparatory School of the Year in 2018, at the recent trial of Carshalton Beeches Bowling Club Limited v Seaton House School Limited at the County Court at Central London. During a 3 day trial, Charles successfully represented the Defendant in a claim brought for a business lease renewal under the Landlord and Tenant Act 1954 and a claim under proprietary estoppel. The bowling club sought...