Property Newsletter: March 2023 (Video)

• Published date: 13 April 2023
• Subject Matter: Litigation, Mediation & Arbitration, Real Estate and Construction, Professional Negligence, Construction & Planning, Real Estate
• Law Firm: Gatehouse Chambers
• Author: Mr James Duncan-Hartill, Patrick Sarson, Jim Findley and Samuel Read

Introduction

Welcome to the Gatehouse Chambers Property Newsletter. We've had a wonderful month sunning ourselves in Cannes and welcoming in our new construction silks.

This month we have articles from Lauren Godfrey on injunctions and David Peachey on the recent case of Goldhill Finance Limited v Smyth [2023] EWHC 362. Our two minute interview is with the fabulous John Clargo where we find out that his acting abilities were fortunately cut short so the bar was able to nab him!

For those to celebrate, hope you have a wonderful and relaxing Easter break, and actually manage to get some time off.

In keeping with the theme of the last few newsletters, please find below a legal update on Building Safety and Renters Reform:

Building Safety Act:

• the government has outlined the Responsible Actors Scheme which is hopefully going to be in force by summer, by which it will prohibit residential property developers who refuse to sign developer remediation contracts from operating in the English market. Secondary legislation is due to be pushed through Parliament before the summer recess (which begins on 20 July 2023) https://www.gov.uk/government/publications/responsible-actors-scheme
• the Welsh Government has pursued a similar commitment announcing a Developers Pact with the Home Builders Federation: https://www.gov.wales/ambitious-building-safety-programme-will-make-residents-feel-safe-and-secure-their-homes
• the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (SI 2023/275) come into force on 6 April 2023

Renters Reform:

• the Bill has been promised by September 2023, despite earlier assurances it would be sooner. If we consider there may be a year back and forth in parliament and the commons, we are looking at September 2024 for legislation with provisions taking effect 6-12 months after that
• it looks like the government is seriously considering its stance on non purpose built student lettings, which was troubling for many landlords, but watch this space https://publications.parliament.uk/pa/cm5803/cmselect/cmcomloc/624/report.html#heading-1

Laura Tweedy - Editor

Activity report - what have our team been up to?

James Hall has again been advising on the thorny issue of overage agreements and their interpretation - sadly, always a fertile source of dispute.

Charlotte John has a range of interesting instructions at the moment involving difficulties with the interpretation of wills and trusts, and the consequences for the...