Property Newsletter: February 2022

• Published date: 02 February 2022
• Subject Matter: Real Estate and Construction, Real Estate, Landlord & Tenant - Leases
• Law Firm: Gatehouse Chambers
• Author: Gatehouse Chambers

Introduction

Welcome to the February 2022 edition of the Property Newsletter from Gatehouse Chambers.

This month John de Waal QC looks at the Court of Appeal's revisiting of 'actual occupation' in the context of overriding interests under paragraph 2 of Schedule 1 to the Land Registration Act 2002, in Pennistone Holdings Ltd v Rock Ferry Waterfront Trust [2021] EWCA Civ 1029.

In the second part of their two-part series Katrina Mather, Lina Mattsson and Jonathan Titmuss give an update on passage of the Commercial Rent (Coronavirus) Bill, how the arbitration scheme may work, potential problems, and what steps landlords and tenants may want to take now to protect their position before the Bill becomes law.

Peter Petts considers whether a demand for rent should be treated with the same strictness as accepting rent when it comes to the right to forfeit a lease.

Byroni Kleopa also spins the wheel of questions for us.

The next newsletter will be at the start of March.

Carl Brewin - Editor

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

Laura Tweedy has been really enjoying acting as a mediator in property disputes and is training as an arbitrator this month too. As for the barristering. Laura has been checking out the Commercial Rent (Coronavirus) Bill 2022 and the implications for enforcement of commercial arrears, as well as dealing with some injunctions, boundary disputes and gritty anti-social behaviour.

James Hall has been advising on pesky restrictive covenants relating to the rebuilding of a high-end residential property (and the possible professional negligence claim that may flow therefrom, against previous solicitors) and has also been instructed in relation to another off-plan property purchase/bodged build problem.

Jamal Demachkie had an interesting trial on the appropriate way to calculate damages in lieu of injunctive relief, and has been advising on third party applications for relief from forfeiture.

Daniel Gatty was busy working towards a trial in respect of a '2m mortgage. The rest of his time was spent advising on restrictive covenants, rent reviews and a variety of other topics.

Lina Mattsson has been dealing with various boundaries and easements disputes - pouring over old title deeds, feeling like Sherlock! She is also pleased to have obtained a freezing injunction following a successful trial, avoiding what would otherwise have been a Pyrrhic victory for the client. So far, a great start to 2022!

Andrew...