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Where the COVID-19 pandemic rendered the use of commercial premises illegal or unviable, should the resulting losses fall on the landlord or the tenant? The High Court pondered that burning issue in a decision of vital importance to property professionals...
Those who are awarded public contracts very often make substantial investments in property and equipment so that they can perform their obligations – but who owns the product of such investments? The High Court considered that issue in a case...
Justice should not only be done but should be seen to be done. That phrase may be somewhat hackneyed but, as a High Court planning case showed , it is a golden rule that serves to root out even the appearance of bias in official decision-making. The case...
Few human activities are entirely risk free but, when deciding whether to authorise potentially hazardous developments, planning professionals have to keep the worst-case scenario well in mind. In a case on point, the High Court opened the way for...
Commercial leases frequently stipulate that premises are to be handed back to the landlord 'with vacant possession' – but what exactly does that mean? The Court of Appeal pondered the issue in a case concerning an office block that was stripped back...
Even in the absence of a formal lease, the existence of a tenancy can in some cases be inferred from an occupier's exclusive possession of premises and the payment of rent. The Upper Tribunal (UT) did just that in opening the way for a company to seek...
Commercial property owners are increasingly plagued by so-called 'urban explorers' who risk life and limb by scaling high-rise buildings for the entertainment of an online audience. As a High Court ruling showed , however, judges can take effective –...
If your property has been compulsorily purchased by a public authority to make way for an infrastructure project, you should be entitled to compensation. As one case showed , however, such claims are subject to a strict time limit and lodging them at the...
Commercial landlords and tenants may contract out of the security of tenure provisions of the Landlord and Tenant Act 1954 , but only if certain conditions are met. One of those conditions came under close analysis by the Court of Appeal in a ruling that...
Building works to extend or improve your property may involve temporary incursions onto your neighbour's land, for which permission is required. In a case that showed the serious consequences of pressing ahead without such consent , partners in a medical...
