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Legal update

7 October 2019 Real estate quarterly update – July to September 2019

The latest real estate update aimed at in house lawyers (and other professionals) practising in the property / real estate sector.

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Legal update

4 October 2019 York House (Chelsea Ltd) v Thompson & Thompson [2019] EWHC 2203 (Ch)

Leases granted from joint landlords to one of them did not trigger the tenants’ rights of first refusal under Part I of the Landlord and Tenant Act 1987.

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Legal update

4 October 2019 London Kendal Street No3 Ltd v Daejan Investments Ltd [2019] 7 WLUK 589

The first reported case in which a court has had to apply the ‘new’ test on ground (f) set out by the Supreme Court last year.

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Legal update

4 October 2019 The David Roberts Art Foundation Limited v Riedweg [2019] EWHC 1358

A charity (DRAF) contracted to sell a property to a buyer (R) for £8.01m. Following a failure to complete, DRAF served a notice to complete on R and then gave notice to R that it was rescinding the contract and forfeiting the deposit (£410,000).

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Legal update

4 October 2019 Stanning v Baldwin and another [2019] EWHC 1350 (Ch)

Issues about prescriptive rights of way and drainage arose on the redevelopment of dominant land.

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Legal update

12 September 2019 Effective OJEU contract notice defeats claim for declaration of ineffectiveness

High Court dismissed a claim for a declaration of ineffectiveness for a contract entered into by Basingstoke and Deane Borough Council (the Council) and Newriver Leisure Limited (NLL) for a major regeneration scheme on Basingstoke Leisure Park.

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Legal update

3 July 2019 Churston Golf Club v Haddock [2019] EWCA Civ 544

The Court of Appeal has reinstated conventional wisdom by ruling that a standard fencing covenant should not be treated as a fencing easement.

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Legal update

3 July 2019 Mears Ltd v Costplan Services (South East) Ltd and others [2019] EWCA Civ 502

A breach of a room size tolerance provision in an agreement for lease does not necessarily give the tenant a right to refuse to complete the lease.

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Legal update

3 July 2019 Windsor-Clive, Earl of Plymouth and others v Rees and another [2019] EWHC 1008 (Ch)

A widely drafted landlord’s reservation of a right of entry was given a narrow interpretation by the court.

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Legal update

3 July 2019 TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) Ltd and others [2019] EWHC 1363 (Ch)

A rare case on the validity of the process to contract out of the security of tenure provisions contained in sections 24 to 28 of the Landlord and Tenant Act 1954.

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