On 21 December 2018 the government’s promised ban on the use of aluminium composite (ACM) cladding on residential buildings came into force. Paul Tonkin answers some key questions. Does the ban apply to all buildings? No, the ban applies to new buildings over 18 metres tall containing flats, as well as new hospitals, residential care premises, dormitories in boarding schools and student accommodation over 18 metres. What about buildings under construction? The ban will not…

New real estate disputes partner Paul Tonkin shares some predictions for 2019. Crystal-ball gazing is always a dangerous business and this is more so than ever in the current global economic and political climate. However, there are a few areas where I can predict with some certainty (and for better or worse) that we will see change in 2019. Further pressure in the retail and casual dining sector This one will come as no surprise.…

The Supreme Court has handed down its judgment in the case of S Franses Limited v The Cavendish Hotel (London) Ltd in the most important 1954 Act case for decades. The Court’s decision clarifies the nature of the ‘intention’ which a landlord must have in order to oppose a tenant’s right to renew its tenancy on the ground that the landlord intends to demolish or reconstruct the tenant’s premises. Whilst the Court confirmed that a…

There was much fanfare when Chelsea Football Club secured planning permission for redevelopment of Stamford Bridge last year.  However, one family’s fight against the new stadium’s impact on its right to light had the potential to bring the redevelopment to a standstill.  Hogan Lovells’ Planning and Development specialists, Hannah Quarterman and Paul Tonkin consider the implications of rights to light on development, and how even a goliath-like Chelsea FC can become unstuck at the hands…

On 25 October 2016, the Hogan Lovells Real Estate team hosted a panel debate: Rights of Light – A New Dawn? The panel of industry specialists debated topical issues including: (a) the likelihood of adjoining owners obtaining an injunction to prevent interference with rights of light; (b) whether recent developments in case law mean that developers need to adjust their strategy for addressing rights of light; (c) the role of insurance; and (d) the impact of the new section…

Developers should beware of costly penalties for less than scrupulous behaviour when it comes to infringing their neighbours’ rights to light.  In the appeal of Ottercroft Ltd v Scandia Care Ltd and anr, the Court of Appeal ruled in favour of the claimant whose rights to light were infringed by the defendant developers. The defendants had given undertakings not to develop their property so as to cause interference with the neighbouring claimant’s rights to light. …

The decision of the High Court in Vanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited provides a stark reminder of the strict requirements for serving a valid break notice and the traps into which the unwary can easily fall. The case concerned premises on Fenchurch Street, which were originally let by the City Corporation as freeholder to Brook Street as tenant. The lease contained a landlord’s right to break on 27 September 2016…