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Disposal of school land and Secretary of State consent

For certain land transactions involving school land, including granting leases to third parties, you may be required to obtain consent from or notify the Secretary of State (SoS). New freedoms have also been introduced in the September 2024 Academy Trust Handbook relating to finance leases. Andrea Squires, Zahraa Ilmass and Sonia Din look at the key points. Read more

NEWS

Sep 19, 2024

London borough loses High Court claim over disputed £1.6m Community Infrastructure Levy liability for floating hotel

The London Borough of Newham has a lost a £1.6m case over an attempt to judicially review a decision by HM Revenue & Customs (HMRC) on whether a floating hotel is a building for Community Infrastructure Levy (CIL) purposes.

Sep 17, 2024

Children’s charity issues judicial review proceedings over Leasehold and Freehold Reform Act 2024

London’s leading grant-giving charity has issued judicial review proceedings against the government, arguing that the Leasehold and Freehold Reform Act 2024 (LFRA 24) will “jeopardize the financial stability and operational capacity of a handful of charities that depend on property assets for funding”.

Sep 05, 2024

Officers recommend lifting tree preservation order to duck £130k compensation claim

Officers at Fareham Borough Council have "regrettably" recommended councillors to lift a set of tree preservation orders to avoid hefty compensation claims, just months after the council's leader called legislative reforms on the matter

Sep 04, 2024

Chancery Lane to consult with property lawyers over controversial TA6 form

The Law Society has launched a consultation on its TA6 Property information form following complaints from property lawyers.

Aug 30, 2024

Speeding up remediation of buildings “absolutely critical”: Deputy Prime Minister

The Deputy Prime Minister, Angela Rayner, and Building Safety Minister, Rushanara Ali, have set out expectations for regulators and partners to “increase the pace” of remediating unsafe buildings, following a fire at a block of flats in Dagenham.

Aug 29, 2024

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats

The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.

Aug 14, 2024

Birmingham to sell Commonwealth Games development at loss of £320m

Commissioners have called for a "rigorous" lessons learned process at Birmingham City Council after the financially beleaguered local authority agreed to sell more than 700 properties at an estimated loss of around £320m.

Aug 09, 2024

Charity Commission issues warning to local authorities over failure to comply with legal duties as charity trustees

The Charity Commission has seen a significant number of cases where local authorities have failed to comply with their legal duties as charity trustees and the watchdog has had to take action following receipt of complaints from the public, its new chief executive has warned.

Aug 08, 2024

Deputy High Court judge gives reasons for granting interim injunctions against occupants of boats trespassing on land needed for regeneration project

The London Borough of Enfield has secured interim injunctions against the occupants of boats and land on the River Lea who it has claimed obstruct progress on a £6bn development of 10,000 homes.

Aug 07, 2024

Council leader calls for reform to tree felling legislation to curb costly subsidence claims

The leader of Fareham Borough Council has called on the Government to fundamentally review how requests to fell trees protected by tree preservation orders and involved in subsidence claims are handled.

Aug 07, 2024

Upper Tribunal hands down ruling on issuing landlords with improvement notices amid uncertainty over hazards

The Upper Tribunal (Lands Chamber) has been asked to decide whether a local authority should serve an improvement notice on the owner of a house in multiple occupation if there is doubt about whether a hazard exists.

Aug 05, 2024

High Court grants council injunction preventing overnight camping for airshow

Tendring District Council has secured a High Court injunction banning Clacton Classic Air Show visitors from camping alongside the seafront overnight in tents, campervans or mobile homes.

FEATURES AND ANALYSIS

September 12, 2024

Granting injunctions against ‘newcomers’ — practical guidance from property litigators

The Supreme Court’s decision in Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613 confirmed the court’s power to grant injunctions against so-called ‘newcomers’. In the second of two articles, Helena Davies, Oskar Musial, Laura Tweedy and Gemma de Cordova consider the recent developments in newcomer injunctions and how that was dealt with in Upholland.

September 12, 2024

Methods of service when seeking interim injunctions against persons unknown

A recent landmark decision may allow novel and unusual methods of service in welcome news for landowners who seek to prevent trespassing by persons unknown, write Helena Davies, Oskar Musial, Laura Tweedy and Gemma de Cordova.

September 10, 2024

Grenfell Tower Inquiry Phase 2: further building safety legislation reform is on the horizon

Spencer Vella Sultana and Wilton Thomas examine the further changes to building safety legislation likely following the report published this month as part of the second phase of the Grenfell Tower Inquiry.

September 10, 2024

The Golden Thread of information unravelled: navigating the Golden Thread Guidance for Higher-Risk Buildings

Steve Gummer and Shyann Sheehy talk through the recent Construction Leadership Council guidance on a ‘Golden Thread’ of information as part of a new regulatory regime for Higher-Risk Buildings.

August 28, 2024

Councils and charity trustees

The Charity Commission has issued a warning to local authorities over the failure to comply with legal duties as charity trustees. Paul Hilsdon looks at the steps councils should take.

August 13, 2024

ACV appeals – a new approach

Christopher Cant examines a ruling where a judge took a different approach to the scope of appeals in relation to assets of community value (ACVs).

August 13, 2024

Leases and relief from forfeiture

The High Court recently declined a commercial tenant's application for relief from forfeiture in a case involving a local authority. Philip Coates explains why.

August 07, 2024

Charging leaseholders for remedying structural defects

Zoe McLean-Wells analyses a recent Upper Tribunal (UT) decision which considered a landlord’s ability to charge a service charge for works required to remediate inherent structural defects.

MORE NEWS

Jul 24, 2024

Law Society president and CEO defeat no confidence vote over conveyancing guidance

Campaigners have failed to unseat the Law Society's chief executive and president after the pair overcame a vote of no confidence at a meeting on Thursday (24 July) which also challenged Chancery Lane's ability to represent members who undertake conveyancing.

Jul 18, 2024

London borough fails in Upper Tribunal bid to recover – through service charge – cost of work needed to remedy structural defects

The London Borough of Tower Hamlets cannot recover the cost of rectifying structural defects in two blocks of flats from leaseholders’ service charges, the Upper Tribunal (Lands Chamber) has ruled.

Jul 03, 2024

Water and drainage searches do not fall under EIR regime, judge rules

A group of property search companies have failed to persuade a High Court judge that CON29DW water and drainage searches provided by nine English water and sewerage companies and separate search operations run by Severn Trent and Wessex Water fall under the Environmental Information Regulations (EIR) regime and should be provided at "reasonable cost" rather than commercial rates.

Jul 03, 2024

Council defends use of “gagging” clauses in leaseholder disputes

A BBC London investigation has found the London Borough of Lambeth used well over 100 confidentiality clauses to prevent leaseholders who have successfully challenged maintenance bills from discussing this.

Jun 26, 2024

County council defends legal challenge over sale of land for rail freight interchange

Objectors to Hertfordshire County Council’s sale of land for a rail freight interchange have lost a judicial review application over the validity of the sale.

Jun 21, 2024

Law Society to hold special general meeting in July as row about conveyancing guidance comes to a head

The Law Society will next month (23 July) hold a special general meeting after the Property Lawyers Action Group (PLAG) requisitioned a debate and vote on a motion of no confidence in Chancery Lane’s ability to represent members who undertake conveyancing.

Jun 19, 2024

Developer loses Court of Appeal battle over allocation of funds from Building Safety Fund to replace cladding on tower blocks in Birmingham

Residential developer Redrow has lost a Court of Appeal case over the Secretary of State for Levelling Up, Housing and Communities’ decision to allocate funds from the Building Safety Fund (BSF) to replace cladding on two blocks of flats.

May 31, 2024

Urban farm operator backed by developer loses High Court bid for relief as council seeks forfeiture of lease

The operator of an urban farm in London has lost a High Court bid to avoid the forfeiture of its lease for non-compliance with relevant covenants.

May 22, 2024

Extension in no return period to 12 months for sites covered by request to leave incompatible with Human Rights Act, High Court finds

The High Court has ruled that new police powers introduced by the Police, Crime, Sentencing and Courts Act 2022 are incompatible with the Human Rights Act 1998 as they constitute unjustified race discrimination against travellers and gypsies.

May 16, 2024

New high street rental auctions regime to come into effect this summer, Government says

Local authorities will from this summer gain a power to require landlords to rent out persistently vacant shops and other commercial properties as part of attempts to reinvigorate high streets, the Department for Levelling Up, Housing and Communities (DLUHC) has confirmed.

May 16, 2024

Half of all urban councils impacted by proposed brownfield planning reform raise concern

Reading Borough Council has joined nine urban councils in questioning Government proposals on brownfield reform after raising concerns that the changes could override local planning policies.

May 16, 2024

Government secures remediation order against freeholder in first use of Building Safety Act powers

The First-tier Tribunal (Property Chamber) has issued a remediation order requiring a freeholder to resolve building safety issues with a 16-storey tower block in Stevenage.

May 15, 2024

Court of Appeal upholds decision by planning inspector to allow crematorium to be built on Green Belt

A crematorium can be built on Green Belt land with contravening the Cremation Act 1902 or environmental protections, the Court of Appeal has found.

May 15, 2024

City council facing judicial review over decision to demolish brutalist office block

Birmingham City Council has been threatened with a judicial review of its decision to approve the demolition of an iconic brutalist building in the city centre, amid claims the local authority misinterpreted local policy concerning the carbon impact of demolishing a building.

May 10, 2024

Gypsy and Traveller sites in the Green Belt

Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.

May 09, 2024

Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle

A planning inspector misdirected himself in a dispute over the construction of house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.

May 08, 2024

Council wins Supreme Court appeal in landmark Japanese knotweed case

The Supreme Court has allowed a Welsh council's appeal in a dispute over the diminution in value of land arising from the encroachment of Japanese knotweed.

May 02, 2024

Supreme Court to issue landmark ruling next week on Japanese knotweed and residual diminution of value of property

The Supreme Court will next week (8 May) hand down its ruling on a Welsh council’s appeal in a dispute over whether residual diminution in value of a property in a Japanese knotweed case is pure economic loss and irrecoverable.

May 01, 2024

Councils can apply to remove ‘hope value’ in CPOs

Councils using compulsory purchase orders (CPOs) can now apply to remove 'hope value' costs, under reforms that came into force on Tuesday (30 April).

Apr 26, 2024

Council criticised for failing to ensure that notices and penalty demand were received by landlord

Manchester City Council should have made greater efforts to ensure that an improvement notice and subsequent penalty demand reached a landlord, the Upper Tribunal (Lands Chamber) has said, upholding an appeal against a decision of the First-Tier Tribunal (Property Chamber)

Apr 26, 2024

Council secures court victory over unpaid business rates

Middlesbrough Council has won a magistrates’ court case over unpaid business rates totalling almost £300,000.

Apr 26, 2024

Council mulls legal options for evicting Israeli arms manufacturer

Somerset Council has agreed to explore its legal options for evicting an Israeli-owned weapons manufacturer from an office building the local authority owns after receiving legal advice from a KC on behalf of a pro-Palestinian pressure group.

Apr 25, 2024

Landlord wins Upper Tribunal appeal over penalty imposed for failure to comply with improvement notice relating to her tenanted property

Apr 18, 2024

Residents who lost their homes due to fire launch High Court claim against developer and housing association

Fifty victims of a fire in south-west London in 2019 have this month issued a High Court claim against Metropolitan Thames Valley (MTVH) housing association and house builder St James.

Apr 09, 2024

Homes England should have stronger relationships with councils, review says

Homes England should have "even stronger relationships" with local government in order to boost housing delivery, a Government review of the non-departmental body has found.

Apr 04, 2024

Boat owners prevented from long-term mooring on stretch of Thames after Environment Agency brings trespass proceedings

The Environment Agency has “successfully pursued” ten boat-owners through the courts, who had moored continuously on the River Thames for several years.

Apr 03, 2024

Councils vote to support campaign for greater transparency over contaminated land and waters following death of child

Brighton and Hove City Council and Adur District Council have voted to support the campaign for Zane’s Law, which would ensure councils keep public registers of land that may be contaminated.

Mar 15, 2024

National Housing Federation expresses concern at indirect impact of Building Safety Levy on registered providers

The National Housing Federation (NHF) has called for further measures to ensure the Building Safety Levy does not adversely impact the supply of new affordable homes.

FEATURES AND ANALYSIS

July 23, 2024

End of term? University protest encampments and possession proceedings

Harry Marriott looks at the key considerations for universities that are considering bringing possession proceedings to deal with protest encampments.

July 17, 2024

Landlords and consent for alterations

When is it reasonable for a landlord to withhold consent for alterations? Louise Day analyses a recent ruling.

July 17, 2024

Do decarbonisation grants have too many strings?

Gayle Monk looks at the challenges faced by councils and social housing providers when using decarbonisation funding.

July 05, 2024

DIY CPOs

Oliver Bradbear looks at the circumstances in which landowners can use a purchase notice to initiate a Compulsory Purchase Order on their own land.

June 28, 2024

Conditional contracts

Can a council as landowner enter into a s106 agreement with itself, in its capacity as LPA? Isham Souffi looks at the issues involved.

June 27, 2024

Rent Repayment Orders: Assessing the Amount

Mathew McDermott and Karolina Zielinska sit down to discuss how the First-tier Tribunal (Property Chamber) is currently approaching the assessment of the amount of rent repayment orders that are made in a tenant’s favour.

June 26, 2024

Local authority companies – Governance health-check

Preparing for the annual governance statement is a good time for local authorities to undertake a governance health-check of their companies, suggests Matt Marsh.

June 12, 2024

Retrofit v rebuild

What do organisations need to know when considering whether they should retrofit or rebuild an existing asset? Chris Kerr looks at the issues.

June 12, 2024

The “Last Chance Saloon” goes out of business

Site providers will breathe a huge sigh of relief as the Upper Tribunal found in favour of a council in a dispute over the Electronic Communications Code and a leaking roof on a residential tower block. Daniel Cuthbert and Ella Carroll explain why.

June 05, 2024

Easy as 1, 2, 3?

Section 123 of the Building Safety Act and supporting Regulations create a power and a discretion to make remediation orders. Daniel Black analyses an important ruling on its use.

June 05, 2024

Risk and harm

Richard Miller looks at remediation orders through the lens of the Housing Health and Safety Rating System.

May 24, 2024

Disposal of open space

The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.

May 16, 2024

Deregistration of Town and Village Greens: Strack in the Court of Appeal

The Court of Appeal has dismissed an appeal challenging the deregistration of a town and village green (“TVG”) and its replacement with adjoining land. Hugh Flanagan, Douglas Edwards KC and Michael Rhimes explain why.

May 16, 2024

New Law Society Codes for signing and exchanging property contracts 2024

The Law Society proposes to introduce a new code in 2024 for signing and exchanging property contracts. Gemma Duncan and Lillee Reid-Hunt examine what it entails.

May 15, 2024

How can local authorities deliver BNG on land they own?

Local authorities cannot avoid the mandatory biodiversity net gain (“BNG”) regime which applies to the majority of new developments. Whilst there has been much focus on the additional burden this will create for local planning authorities, there are multiple opportunities too. Chrisa Tsompani and Stephanie Hall look at the ways in which authorities can work with the new requirements to deliver…

May 15, 2024

Untying the knot

The Supreme Court this month handed down a landmark judgment in a Japanese knotweed case involving a Welsh council. Matthew White assesses the likely impact of the ruling.

May 09, 2024

Land Registry ‘lawyer assured information’ process

HM Land Registry is aiming to have no applications older than 12 months by Spring 2024, report Gemma Duncan and Lillee Reid-Hunt.

May 08, 2024

Improvement notices under s.12 Housing Act 2004

The First Tier Tribunal recently considered the use of Improvement Notices under s.12 of Housing Act 2004 to address concerns regarding the fire safety of residential property containing cladding similar to that present on Grenfell Tower. Archie Maddan analyses its ruling.

May 07, 2024

Caveat Emptor! Misrepresentation claims in residential property conveyancing

St John’s Chambers Real Estate team have created a compelling channel for property lawyers which will provide news, insights, and some personality to complex legal cases.

April 26, 2024

Two for one: the Landlord & Tenant Act 1954

Daniel Gatty analyses one case, involving a local authority, but two decisions on occupation under the Landlord and Tenant Act 1954.