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Property Newsletter - Issue 3

March 2019 - Issue 3

Welcome to the Spring 2019 edition of our Property Newsletter

At Prettys, we understand the property market and the needs and requirements of our clients.  In response to these needs, we have integrated our expertise from our Construction Team, Commercial Property Team and Contentious Property Team to create a dedicated Real Estate team to become your ideal partners in all property-related matters.


In this edition of our property newsletter Claire, Fiona, Graeme and Jen look at:

Our guest, John Dugmore, from Suffolk Chamber of Commerce gives his overview of the potential impact of Brexit on businesses in the region.

We hope you find these articles useful and if there are any topics or property issues you would like to see featured in a future edition of our newsletter, please do not hesitate to contact us.

commprop@prettys.co.uk

realestate@prettys.co.uk

www.prettys.co.uk

tel. 01473 232121

General Disclaimer

We hope you find our newsletter interesting but please remember that the articles in this newsletter are for general information only and do not constitute specific legal advice.  For advice on specific issues please do not hesitate to contact us.

Contents

Developers beware: A contract for the sale of land by a public body may also be a public works contract

The recent case of Faraday Development Ltd v West Berkshire Council 2018 concerned a contract for the sale land to be sold to a selected developer by West Berkshire via a competitive process.  The focus of the competition was to secure ‘best consideration’ ... Read more

Lockout Agreements

Lockout Agreements In ordinary contract law, there can be no ‘agreement to agree’ binding on the parties. In order to address this, pre-contract agreements (known as lockout agreements) are sometimes used in commercial property transactions. These aim to secure a pre-contract ‘exclusivity’ period for ... Read more

Cautionary tale for investment landlords if a building has inherent defects

In Blue Manchester Ltd v North West Ground Rents Ltd [2019] EWHC 142 (TCC), the High Court has upheld a tenant’s claim for specific performance against its landlord, requiring the landlord to repair an external glass façade in a tower block by replacing ... Read more

Buyers beware - Implications of SDLT for overage payments in contracts for sale of land

‘Overage’ is a term connected with land disposals, which allows the Seller to ‘clawback’ from the buyer a further payment over and above the original selling price from the Buyer on a contingent event occurring such as obtaining a more valuable planning permission or ... Read more

Thinking of investing in a property to let as a House in Multiple Occupation?

A house in multiple occupation (HMO) often provides a higher yield for private investors than that achievable through letting larger homes as a single dwellinghouse. The legal definition of an HMO is set out in the Housing Act 2004 and the main elements are ... Read more

Frustrating Brexit!

Although the Brexit process has been frustrating for the Government in a variety of ways the case of Canary Wharf v European Medicines Agency 2019 sparked interest in the property world last month. The European Medicine Agency (EMA) had signed a 25 year lease ... Read more

Impact of the new Electronic Communications Code - clarity for landowners?

You will have heard of the Electronic Communications Code 2017 (set out in Schedule 3a to the Communications Act) which is designed to facilitate the installation and maintenance of electronic communications network by Code Operators on privately owned land.  The apparatus for such ... Read more

Does land need to be fenced off for an adverse possession claim to be successful?

One of the essential elements of an adverse possession claim is a requirement to show that ‘possession’ of the land in question has been taken. As you might expect, the question as to what ‘possession’ actually means in the context where the applicant is ... Read more

John Dugmore, CEO of Suffolk Chamber of Commerce talks about the potential impact of Brexit on the region's businesses

“As I write this, the Prime Minister is looking for further guarantees from the European Union to the Irish backstop element of the Withdrawal Agreement. The preceding months have been extremely frustrating ones for the business community in Suffolk and across the UK, but ... Read more

Claire Barritt

Senior Associate

e cbarritt@prettys.co.uk

t 01473 298335

Fiona Galloway

Solicitor

e fgalloway@prettys.co.uk

t 01473 298239

Jennifer Rayner

Solicitor

e jrayner@prettys.co.uk

t 01473 298363

Graeme Burslem

Associate

e gburslem@prettys.co.uk

t 01473 298220

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