Property Newsletter: May 2021
Introduction
Welcome to the May 2021 edition of the Property Newsletter from Hardwicke. Spring has well and truly sprung, which of course means hail showers and freezing temperatures.
This month David Peachey gives us an overview of the recent decision in Rittson-Thomas v Oxfordshire County Council [2021] UKSC 13, and Faisel Sadiq looks at Williams v Aviva Investors Ground Rent GP Ltd [2021] EWCA Civ 27.
John de Waal KC also gives us an insight into what the commercial property industry will look like post-pandemic, and tries his luck on our wheel of questions…
For all things Covid-19 related, Hardwicke’s Covid-19 resources related hub can be found here.
The next newsletter will be around the end of June. From all the team at Hardwicke we wish you and your family all the best.
Carl Brewin – Editor
Activity Report – What we have been up to and what we'll be getting up to over the coming month
It’s been an easement-heavy month for Jamal Demachkie. As well as taking part in a #HardwickeBrew on rights of way, he has been working on disputes involving agricultural rights of access, gas pipelines and prescriptive rights to access a roof.
Andrew Skelly has also had a month of easements, including claims by a number of householders for declarations and injunctions in relation to express and prescriptive rights of way over a car park in Cornwall; a claim to a prescriptive right of way over a ransom strip; a matter involving excessive use of a right of way over an access road, and unilateral enlargement; and a claimed right of way over a neighbour’s driveway.
Cameron Stocks has spent the month dealing with restitutionary claims for overpaid rent, possession proceedings against beneficiaries of an estate, partnership disputes over a farming estate and summary judgment to restore a registered owner to the title register following a fraudulent adverse possession application. Cameron is looking forward to a break over the bank holiday and the chance to finally see some family members after 10 months apart!
Laura Tweedy had a busy month culminating in an unsuccessful 18-hour mediation… on a Friday night. Things have changed! Breaches of lease, rights of way, easements and anti-social behaviour have been filling her working hours. She’s happy to have finally got “up north” to visit her family and looks forward to her first ever trip to Cornwall!
Charlotte John has been busy being led by Brie Stevens-Hoare KC in a trial which ranged over issues including proprietary estoppel, rights of occupation, disputed chattels (not quite the kitchen sink, but including a baby grand piano) and which proceeded as a hybrid trial across two different hearing centres in Leeds and London and a mix of remote and live witnesses. To her list of interesting snippets about country life gleaned from proprietary estoppel cases and listening to The Archers, Charlotte is pleased to be able to add slapping the hand as the traditional method of sealing the deal on a horse.
Peter Petts has been advising on forfeiture issues including demands, limitation, waiver and relief.
Katrina Mather has had a paperwork-heavy month including advising in a resident company owned private road dispute where two neighbours have over the years cancelled the other neighbour’s shares in the company and removed them as directors without anyone knowing! She’s also been advising and assisting with drafting witness statements on a highly contentious TOLATA dispute.
John Clargo has done some good old–fashioned landlord and tenant work this month: alteration covenants (loft extension); commercial disrepair (water ingress); opposed business renewal (alternative accommodation). He has also been involved in the appointment of a (non-LPA) receiver in a multi-property trusts of land dispute, getting up to speed with the shorter trials scheme and presented a #HardwickeBrew on rights of way with John de Waal KC, Jamal Demachkie and David Peachey.
Daniel Gatty’s month has been full of variety: easements, landlord and tenant (mostly forfeiture), professional (conveyancing) negligence and mortgages have all featured.
Lina Mattsson has had back-to-back trial arguing about noise nuisance, peer-to-peer lending and forged tenancies. She is ready for her holiday at Center Parcs!
Events
#HardwickeBrews
The Hardwicke Team is continuing its successful #HarwickeBrew series on Zoom, so that we can all have an informal chat and we can let you in to our team’s thoughts about current issues and the practical challenges practitioners and their clients are facing. Thank you to all those who attended our Brews so far.
Our popular Rent Repayment Orders webinar took place on 5th May. We also hosted a popular J2J webinar on probate and private client for property lawyers.
Please get in touch if you’d like a copy of the slides from any of these sessions.
Upcoming Brew
#HardwickeBrew – Boundaries and Easements | 6 July, 11:00 – 11:45
An education in selling school land
It isn’t often that the senior courts pronounce on the School Sites Acts, so the Supreme Court’s recent judgment in Rittson-Thomas v Oxfordshire County Council [2021] UKSC 13 is welcome. The judgment is essential reading where any local education authority seeks to sell school land that may originally have been donated or sold for educational purposes under the School Sites Act 1841. It also provides useful guidance for the interpretation of older statutes.
Click here to read the article by David Peachey.
Williams v Aviva Investors Ground Rent GP Ltd [2021] EWCA Civ 27: Oil not Grit
When engaged in contractual or statutory interpretation, we lawyers would do well to remember that the courts (or at least the higher courts) view their role as being to “oil the wheels of commerce, rather than to throw grit into the engine”. The decision of the Court of Appeal in Williams v Aviva Investors Ground Rent GP Ltd [2021] EWCA Civ 27, is an excellent example of the higher courts performing this role as well as being an important case on the effect of s.27A(6) of the Landlord and Tenant Act 1985 (“1985 Act”).
Click here to read the article by Faisel Sadiq.
Commercial property outlook post-pandemic
According to the Royal Institution of Chartered Surveyors it may well be 2025 before real estate in the UK shows signs of sustained recovery. It is understood that the demand for industrial and residential properties will be strong, the picture is much bleaker for retail and office space. Both are facing challenges from the lack of demand and changes in consumption and working patterns.
Click here to read the summary from John de Waal KC.
Did you see? You may have missed...
Commerz Real Investmentgesellschaft MBH v TFS Stores Ltd [2021] EWHC 863 (Ch), 16 April 2021
Coronavirus – Commercial Lease – Rent Arrears – Summary Judgment – Code of Practice for commercial property relationships
Click here to read our full case summary from Lina Mattsson.
“Hardwicke Unrobed” - Get to know us better
Each month, a member of our property team has to spin ‘the Wheel of Questions’ and answer the first three questions that come up. This month, John de Waal KC tried his luck with the wheel.
Q. Who, or what, was your biggest teacher?
A. The late Akong Rinpoche, Abbot of the Samye Ling monastery in Scotland where I lived for 3 years in the 19802.
Q. What was your first job?
A. Christmas Postman. My job was to load the mailbags onto a special train each evening at Canterbury East Station; any bags that had lost their labels were sent to ‘Aberdeen via Gatwick’.
Q. If you could win an Olympic medal for any sport, what would it be?
A. I used to be a middle distance runner so 1500m.
Want to try for yourself?
Click on the wheel below!
Contact Us
If you would like to discuss any of the topics in this newsletter, please contact a member of our Practice Management Team:
James Duncan-Hartill, Practice Director
Patrick Sarson, Practice Manager
Claire Gallacher, Practice Manager
To find out more about our Property Team and their work, visit the property page on our website. To view a copy of our privacy statement, please click here.
This edition of the property newsletter was edited by Carl Brewin. Comments or queries about this newsletter? Please get in touch with him!
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