Property Newsletter: December 2021

• Published date: 05 January 2022
• Subject Matter: Real Estate and Construction, Real Estate, Landlord & Tenant - Leases
• Law Firm: Gatehouse Chambers
• Author: Mr Carl Brewin

Introduction

Welcome to the December 2021 edition of the Property Newsletter from Gatehouse Chambers. Season's greetings to one and all. The team here hope you and your family have a relaxing and peaceful break and a happy New Year.

In the first part of our two-part series, Katrina Mather, Lina Mattsson and Jonathan Titmuss give us their thoughts on the Commercial Rent (Coronavirus) Bill and in particular how it would work in practice as currently drafted.

David Peachey gives us an overview of Kensquare Limited v Boakye [2021] EWCA Civ 1725, in which he acted for the respondent landlord.

For a festive brainteaser why not try our Christmas Dingbats, festively prepared by our very own Andy Creer. Answers in the next Newsletter!

Gemma de Cordova spins the wheel of questions for us.

The next Newsletter will be in January 2022.

Carl Brewin - Editor

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

John de Waal QC has been preparing for a trial in January - it will be the first time an application for an access order under the Access to Neighbouring Land Act 1992 has been heard in the High Court.

Brie Stevens-Hoare QC has been busy this month with looking at what is a sham transaction, how to avoid the devastating consequences of forgery by one joint owner as well as digging deep into mining rights and yet more boundary disputes. Brie has also been having some fun with the limit working how enforceable overage and promotion agreements might be, and of course the number of cladding related issues for freeholders and leaseholders alike continue to grow.

Andrew Skelly spent time preparing for a three-day trial in Exeter, in a case which started in 2016 dealing with damages for trespass, only to have the court vacate the trial the day before due to judicial unavailability. In other courts, two CCMCs were vacated for similar reasons. Otherwise, Andrew was in the Upper Tribunal again, seeking to discharge another restrictive covenant which was preventing the construction of an extension. Happily, there was judicial availability, and now the decision is awaited. Wearing a different hat, Andrew has been sitting as a Recorder in the Crown Courts at Southwark and Woolwich.

Laura Tweedy has had a lovely few weeks acting as a property mediator, doing lots of Christmas shopping (one for me, one for you...) and trying to evict some really bad men in order to save the neighbourhood's Christmas!

For Monty Palfrey, roofs seem to be the current theme...