Property Newsletter: January 2023

Published date01 February 2023
Subject MatterCorporate/Commercial Law, Litigation, Mediation & Arbitration, Real Estate and Construction, Corporate and Company Law, Trials & Appeals & Compensation, Real Estate
Law FirmGatehouse Chambers
AuthorMr James Duncan-Hartill, Patrick Sarson, Claire Gallacher and Samuel Read


Welcome back from the Christmas break to those of us who managed one. We had wonderful news in Chambers before Christmas that property practitioner and member of Chambers, Alastair Redpath Stevens, was appointed as a District Judge on the South East Circuit - congratulations Alastair! We also had two members recommended for Silk in the 2022 competition - amazing news Catherine and David!

With the New Year afoot I thought I would highlight just a few of expected trends and things to look out for in the property legal world in 2023:

  • Renters Reform: assured shorthold tenancies and no fault possession look set to be gone by the end of 2023;
  • Minimum Energy Efficiency Standard: from 1 April 2023 the MEES will apply to all properties let for the first time, not just new leases;
  • Building Safety Act 2022: hopefully we will see most of this vital, yet rather confusing, legislation coming into force this year and for those of you working in the building safety sphere we have the FTT's first remediation contribution order under the Building Safety Act 2022.
  • Economic Crime (Transparency and Enforcement) Act 2022: tick tock tick tock, by 31 January 2023 all overseas company land owners are required to have made an application for registration on the register of overseas entities at Companies House;
  • Charities Act 2022: provisions of this act affecting charity land owners are due to come into force in spring;
  • Nuisance: we await the Supreme Court decision in Fearn and others v The Board of Trustees of the Tate Gallery as to whether nuisance law will be extended. Decision due to be handed down on 1 February 2023;
  • Telecoms: regulations are due this year to update to the Electronic Communications Code contained at Schedule 3A of the Communications Act 2003 implementing the Product Security and Telecommunications Infrastructure Act 2022; and
  • Rent Repayment Orders: Rakusen was heard in January and judgment is highly anticipated to see what the Supreme Court thinks about rent to rent agreements and how that affects rent repayment orders: Rakusen (Respondent) v Jepson and others (Appellants) - The Supreme Court.

This month we have Jack Dillon's article how to put right mistakes in charge deeds and their registration at the Land Registry and Companies House, and Brie and Morayo share their thoughts on the Supreme Court case in which they appeared, Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd...

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