Property Newsletter: April 2022

• Published date: 27 May 2022
• Subject Matter: Real Estate and Construction, Real Estate, Landlord & Tenant - Leases
• Law Firm: Gatehouse Chambers
• Author: Gatehouse Chambers

Introduction

Welcome to the April edition of the Property Newsletter from Gatehouse Chambers. Spring is in the air, but (much) more importantly a shiny new White Book is on our desks (virtually or otherwise) - and without supplement - what a treat. Is it wrong to enjoy the ceremonial moving the bookmarks/tabs over from old to new, marking a new and exciting "legal" year? The answer, the editor confirms, is, of course, a resounding no.

This month John Clargo asks: "what's the use of a property guardian?" in the context of HMOs and rent repayment orders following the Upper Tribunal's decision in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). John Beresford also considers the steps involved in making an application to the First-tier Tribunal to appoint a manager under section 24 of the Landlord and Tenant Act 1987.

Brie Stevens-Hoare QC spins the wheel of questions for us this month.

The next newsletter will be in May 2022.

Carl Brewin - Editor

Activity report - a selection of what some of us have been up to this month

John de Waal QC, Katrina Mather and William Golightly are mid trial in Valley View Health Centre v NHS Property Services Ltd, a test case concerning services charges levied by NHSPS upon GPs surgeries and one of The Lawyer's top 20 cases of 2022.

Peter Petts has been in the Chancery applications court, obtaining an interim injunction for re-entry to a commercial site, following the landlord's putative, peaceable re-entry, which raised knotty issues of leases and licences, possession and occupation, and unlawful eviction. The application was, as they...