Property Features

Charging newly built housing stock – key considerations

Residential schemes are increasing in size and complexity, and this presents challenges for registered providers of social housing ("RPs") when raising finance against newly built properties. Hannah Jackson explores the risks and provides recommendations for RPs preparing for charging exercises where developments have been recently completed or are still ongoing. Read more

NEWS

Apr 03, 2025

Councils secure unauthorised encampment injunction but judge issues warning on site provision

Basingstoke & Deane Borough Council and Hampshire County Council have secured an injunction to prevent persons unknown from setting up unauthorised encampments in parts of the area, but the borough council has been warned by a judge to improve Gypsy and Traveller provision and consider providing a transit site.

Mar 24, 2025

Scrutiny committee asks cabinet to reconsider land sales amid concerns of possible breach of constitutional rules

Derby City Council's executive scrutiny board has resolved to uphold a call-in notice of a decision to sell two parcels of land and refer the issue back to the authority’s Cabinet for reconsideration.

Mar 24, 2025

MPs “appalled” at continued delay in cladding remediation

Eight years on from Grenfell, the Government still does not know how many buildings have dangerous cladding, how much it will cost to address, or how long it will take, the Public Accounts Committee (PAC) has said.

Mar 19, 2025

Campaigner wins High Court battle with council over correct treatment of up to £10m in car parking income at Whitby Harbour

A predecessor council to North Yorkshire Council should have credited car parking and rental income from land adjacent to Whitby Harbour to the harbour’s account rather then its general one, the High Court has ruled after studying laws dating back to 1827.

Mar 13, 2025

Judge rejects claim planning permission for project should have been granted as only way to remove infestation of Japanese knotweed on site

A property owner has lost a High Court case in which it argued that planning consent for a residential project should have been given by Broxtowe Borough Council since this was the only feasible route to financing clearance of Japanese knotweed, which infests the site.

Mar 07, 2025

Land Registry to accelerate Local Land Charges programme

The Land Registry has committed to accelerating the Local Land Charges (LLC) programme, which is aimed at standardising and migrating LLC data away from local authorities onto one central register.

Mar 05, 2025

Upper Tribunal considers ‘building fabric’ and lift maintenance in long-running service charge dispute between housing association and assured tenants

A dispute at the Upper Tribunal (Lands Chamber) over the liability of some tenants of housing association Notting Hill Genesis to pay for certain services has been only partly resolved.

Mar 03, 2025

Government to bring “feudal” leasehold to an end, reinvigorate use of commonhold

The Government has issued a white paper setting out its plans to ban the sale of new leasehold flats and make commonhold the default tenure in England and Wales.

Feb 26, 2025

Government to bring in single construction regulator, new legal duty of candour for public bodies after accepting Grenfell inquiry report recommendations in full

The Government has accepted all 58 recommendations in the Grenfell Tower Inquiry’s final report, and will introduce a new single construction regulator “to ensure those responsible for building safety are held to account”.

Feb 14, 2025

City of London Corporation threatened with judicial review over decision to approve demolition and redevelopment at site it owns

The City of London Corporation is facing a potential judicial review of its decision to approve the demolition of the former Museum of London and Bastion House and redevelopment of the site into three office buildings.

Feb 10, 2025

Government pursues digitalisation drive as part of plans to streamline conveyancing process

The Ministry of Housing, Communities and Local Government (MHCLG) has unveiled plans to modernise the way the conveyancing process works, in order to bring down current delays of almost five months and cut 'fall-throughs'.

Feb 10, 2025

Tell landlord first about need for repairs, council says, after tenant ordered to pay £8k in costs after failed disrepair claim

City of York Council has called on tenants to report repairs to their landlord first, after a judge at York County Court last month ordered an unsuccessful disrepair claimant to pay almost £8,000 in costs.

FEATURES AND ANALYSIS

April 09, 2025

Remediating the Building Safety Act?

In light of recent changes to the Building Safety Act regime, Cecilia Busby looks at the challenges in forcing developers and others to fund remediation.

April 02, 2025

Please mind the “registration gap”!

Niki Constantinou looks at the risks presented by the gap that appears between the completion of a transfer and the date when the transfer is registered by the Land Registry.

March 28, 2025

Making it tax efficient

V. Charles Ward sets out some key considerations for conveyancers to ensure tax efficiency in relation to local authority property transactions.

March 21, 2025

Property Nuts and Bolts – Part 4 – Boundary disputes - Landmark Chambers

This event is part of Landmark Chamber's popular Property Law Nuts & Bolt webinar series.

March 21, 2025

Adverse possession: applications by squatters to be registered as proprietor

The Supreme Court has used “pure grammar” to clarify the law relating to adverse possession. Nick McKnight considers the ruling.

March 20, 2025

“Oh what a woollen web we weave…”

James Mallery-Nelson analyses the recent case of Patarkatsishvili v Woodward Fisher [2025] and looks at how to avoid misrepresentation in property transactions.

March 13, 2025

Guidance for BLOs and Information Orders

Giles Tagg and Thomas Adamson analyse long-awaited guidance for building liability orders and Information Orders.

March 13, 2025

Recovery of premises under the Landlord and Tenant Act 1954

A recent judgment has reinforced the importance of landlord intentions under the Landlord and Tenant Act 1954. Kirsty Black and Sophie Tracey look at the lessons from the case.

MORE NEWS

Jan 29, 2025

Judge dismisses claim by US TV actor that his house was not liable for council tax

The High Court has rejected an attempt by American actor Mercer Boffey to argue that his house in Richmond is not liable for council tax.

Jan 27, 2025

MPs launch inquiry into effectiveness of current land value capture methods

The Housing, Communities and Local Government (HCLG) Committee has launched an inquiry that will consider potential new mechanisms for land value capture (LVC) in order to help boost house building and fund affordable housing and public infrastructure.

Jan 24, 2025

Residents affected by 2019 Richmond House fire reach settlement with housing association and construction company

Metropolitan Thames Valley Housing (MTVH) and St James, a subsidiary of the Berkeley Group, have reached a settlement with the residents of a block of flats destroyed by a fire in 2019.

Jan 20, 2025

Reforms to Housing Revenue Account could unlock 88,000 new council homes, districts say

Raising the threshold at which councils must set up a separate financial management account for their council housing, known as the Housing Revenue Account (HRA), could unlock up to 88,000 additional council homes, the District Councils' Network has said.

Jan 18, 2025

Councils demand more flexibility and control over Right to Buy to protect social housing stock

The Local Government Association (LGA) has called on the Government to go further with its reforms of Right to Buy (RTB) to give local authorities more influence over how the scheme operates locally amid rising demand to buy homes through the scheme.

Jan 09, 2025

District facing legal challenge over approval for works to listed former church

Runnymede District Council has been taken to judicial review by local activists in a dispute over a listed redundant church building.

Jan 02, 2025

Government to ditch cut-off date for recording historic rights of way

The Government has announced its intention to repeal the 2031 cut-off date for recording historic rights of way.

Dec 20, 2024

Law Commission issues consultation paper on changes to "fragmented" law on compulsory purchase

The Law Commission has published a consultation paper on compulsory purchase, as part of its review of the current "complex and inaccessible" law on compulsory purchase and compensation.

Dec 19, 2024

Government consults on further reforms intended to make compulsory purchase process “faster and more efficient”

The Government has detailed a series of reforms aimed at expanding and simplifying compulsory purchase orders (CPOs) in a consultation launched today (19 December).

Dec 19, 2024

Judges reject appeal by council in dispute over entitlement to right to buy

The London Borough of Hackney has lost a Court of Appeal case over the eligibility for right to buy of a rabbi who occupied a home for only part of the time.

Dec 05, 2024

London council secures remediation order against freeholder over dangerous cladding

Tower Hamlets Council has secured a remediation order requiring the owners of a high-rise building to remove dangerous aluminium composite material (ACM) cladding.

Dec 02, 2024

Councils selected as “early adopters” of high street rental auction powers

Four local authorities in England have been selected as early adopters of high street rental auction powers.

Dec 02, 2024

Government targets end of 2029 for completion of remediation of high-rise buildings with unsafe cladding

The Government is to set target dates for unsafe buildings in England to be fixed as part of a new Remediation Acceleration Plan to be unveiled today (2 December).

Nov 22, 2024

Ministry launches consultation on proposed Right to Buy reforms proposed including longer minimum tenancy before purchase

The Government is to consult on a raft of changes to the ‘Right to Buy’ scheme including extending the length of time someone has to be a tenant before they can buy their home and protecting newly built social homes from sale through exemptions.

Nov 19, 2024

Law Commission consultation asks whether security of tenure for business tenancies “still fit for purpose”

The Law Commission has released its first consultation paper on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, also known as 'security of tenure'.

Nov 13, 2024

North West council hit with £500,000 fine after death of dog walker

Cheshire East Council has been fined £500,000 after an investigation by the Health and Safety Executive (HSE) found that the death of a dog walker in August 2020, killed by a falling tree, might have been avoided had the public area been better managed.

Nov 12, 2024

Power to hold high street rental auctions to come into force on 2 December

Councils will have the power to hold high street rental auctions (HSRAs) from 2 December after secondary legislation was laid yesterday (11 November).

Nov 06, 2024

Former monitoring officer at borough council failed to challenge chief executive on massive borrowing that preceded section 114 report, auditors say

Woking Borough Council's former monitoring officer failed to challenge the former chief executive officer and former s151 officer over decisions to borrow large sums of money with no credible plan for repayment, a public interest report on the council's governance arrangements has concluded.

Nov 05, 2024

High Court judge refuses to ministerial bid to stay judicial review claims over Leasehold and Freehold Reform Act 2024

The High Court has refused an application by the Secretary of State for Housing, Communities and Local Government to stay three judicial review claims challenging various provisions of the Leasehold and Freehold Reform Act 2024.

Nov 04, 2024

"Considerable uncertainty" around number of buildings requiring cladding remediation, National Audit Office warns

The scale of the cladding crisis has "proved much bigger than the government initially understood", and up to 60% of buildings with dangerous cladding remain to be identified, a National Audit Office (NAO) report has suggested.

Oct 28, 2024

Supreme Court refuses permission for appeal of ruling on deregistration of town and village greens

The Supreme Court has this month refused an application for permission to appeal against the Court of Appeal’s judgment in a dispute over the deregistration of town and village greens (TVGs).

Oct 24, 2024

Environmental watchdog seeks to intervene in Court of Appeal battle over home energy efficiency standards

The Office for Environmental Protection (OEP) is seeking permission to intervene in a Court of Appeal case relating to housing energy efficiency standards, which the watchdog said would set a precedent concerning how the government takes account of environmental issues in its policies.

Oct 17, 2024

Council defeats judicial review challenge over plan to fell tree said to be causing subsidence

The London Borough of Haringey has successfully defended a judicial review claim brought by a private homeowner in a lengthy dispute concerning its decision to fell a street tree thought to be causing subsidence.

Oct 15, 2024

High Court judge gives reasons for granting councils five-year injunction over Just Stop Oil protests

The High Court has granted Thurrock Council and Essex County Council a five-year injunction subject to yearly review against persons unknown in response to protest activity by Just Stop Oil.

Oct 03, 2024

City council to restart process of renaming street after legal challenge

Plymouth City Council has had to withdraw proposals to rename a square after a legal challenge, and will now restart the process.

Oct 03, 2024

Court of Appeal refuses permission to appeal in dispute over sale by council of part of park to Premier League football club

A resident who objected to the London Borough of Enfield selling part of a park to Tottenham Hotspur Football Club has been refused permission to appeal in his challenge to the disposal.

Oct 01, 2024

Supreme Court to hear Dartmoor ‘right to camp’ case next week

The Supreme Court will next week (8 October) hear the landowners’ appeal in a dispute over the lawfulness of wild camping on Dartmoor.

Sep 26, 2024

Housing Ombudsman targets improved fairness in shared ownership complaints

The Housing Ombudsman has set out nine tests for how it may assess shared ownership complaints in future.

FEATURES AND ANALYSIS

March 13, 2025

Property is going green (leases)

Hayfa Tejani and Alex Akerman look at some of the key considerations in relation to green leases.

March 10, 2025

Property Nuts and Bolts – Part 3 – Possession claims

These webinars are designed to introduce key topics that are likely to crop up for property litigators. The talks will provide an overview of the legal and procedural landscape with plenty of time for delegates to ask questions at the end.

March 10, 2025

Property Law Nuts & Bolts: Session 2 - Part 36

This session is designed to give delegates an overview of how Part 36 offers work, along with practical insights from their own cases.

March 10, 2025

Property Law Nuts & Bolts: An Introduction to Business Tenancy Renewals - Part 1

This session will provide delegates with an overview of three key areas: notices; procedure in lease renewals and PD 56; and tactics tips and tricks in opposed claims.

February 13, 2025

Preparing Particulars of Claim in Possession Cases

42BR members Samuel Davis and Krishma Patel present this webinar, aimed at junior solicitors and practitioners, on particulars of claim in possession cases, and possession cases generally.

February 12, 2025

Updated CPO guidance – the solution to the affordable housing crisis?

Rory Stracey and Callum Traynor summarise the key changes to aspects of the CPO (compulsory purchase order) process in the Government's guidance and consider what the changes might mean, particularly in the affordable housing sector.

February 12, 2025

Local authority landlords and the end of commercial tenancies

What should the local authority landlord do at the end of commercial tenancies? Duncan Bisatt explains.

February 12, 2025

Telecoms code clarity

In an important ruling for both operators and site providers on the Electronic Communications Code, the Upper Tribunal has defined the limits of license assignments. Azmina Fozdar looks at the implications of the judgment.

February 07, 2025

Stanthorne Hall ‘Great Expectations’ judicial review dismissed

The High Court has dismissed a judicial review of the Department for Transport’s refusal to lease a historic property, which had been acquired as part of the land assembly relating to HS2. Charles Streeten and Armin Solimani explain why.

February 04, 2025

Defective Premises Act 1972 and Building Liability Orders

Helen Arthur and Rachel Murray-Smith analyse a recent Technology and Construction Court decision finding that a freeholder, a Special Purpose Vehicle, had breached a Freehold Purchase Agreement.

February 03, 2025

Adverse possession: a review of the principles and recent cases

Edmund Walters and Stephen Willmer host a Business & Property webinar on Adverse possession and recent case law.

January 30, 2025

Property Fraud - 42BR

In the fourth session of our Civil Fraud Webinar Series 2024 - 2025, Andrew Carter and Paul Fuller review the law, together with some recent authorities, and discuss practical and tactical considerations in relation to property fraud; real, personal, legal and equitable.

January 29, 2025

Building Safety and The Remediation Acceleration Plan – What to expect in 2025

Melanie Blake and Rachel Murray-Smith summarise the actions flowing from the Remediation Acceleration Plan as it comes into action.

January 15, 2025

2024: Signposts from right of way litigation

Gavin McLeod looks at the lessons to be learned from right of way disputes over the last 12 months.

January 15, 2025

The Building Safety Act: 2024 in review

As we hit the ground running in 2025, Daniel Searle looks back at some of the key developments of the Building Safety Act (“BSA”) in 2024 and opines on where we may be headed in the future.

January 15, 2025

The Right to Buy and the “tenant condition”

Chloe Rixon analyses the Court of Appeal’s recent dismissal of an appeal by a London borough over an entitlement to exercise the Right to Buy.

January 14, 2025

The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords

James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.

January 09, 2025

Interpretation of private sector housing enforcement policy

The Upper Tribunal has clarified the FTT’s limits on policy interpretation in a dispute over a financial penalty imposed on a letting agent by a local authority. Riccardo Calzavara analyses the ruling.

January 09, 2025

Enforcement against HMOs used to house asylum seekers

A Divisional Court recently upheld a district judge’s decision in a case over licensing of houses in multiple occupation (HMO) used for asylum seekers. The decision is of significant public importance concerning the enforcement of housing standards in HMOs, write Stephanie Harrison KC and Tim Baldwin.

January 09, 2025

Stock transfer agreements and the ability to enter transactions

A High Court judge has coined a new legal stock phrase in a judgment about the meaning of a stock transfer agreement. Matt Hutchings KC explains the ruling.