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 inevitably are, at 2pm on a Friday.

John Clargo has mostly been out of action with a bad back and has not been able to go to court or sit at a desk. He would have relished being able to do anything useful at 2pm on a Friday. He has though managed to provide some advice on restrictive covenants, commercial service charges and (lately) to prepare for a forthcoming HC trial on a proprietary estoppel/constructive trust claim.

Brie Stevens-Hoare QC has been out and about mediating (as mediator and advocate) as well as being up to her neck in drafting and prepping an appeal. The subject matter includes constructive trusts, promotion agreements, boundaries, rights of way and some dilapidations. She had fun at the PLA Conference and then sang about inherent defects as the price for a very nice supper.

James Hall has had some interesting instructions from lenders - whether criminal activity...