Articles

This article is a revised version of my paper delivered as part of the Falcon Chambers Zoominar held on 16th June 2020. It is concerned with consideration, comparables and compensation under the new Code.

• Kirk Reynolds KC

On 19 June 2020 the Government published a Code of Practice aimed at the commercial landlord and tenant sector. Its stated purpose is to set out a best practice framework by which it is hoped that landlords and tenants will work together constructively to “negotiate affordable rental agreements”.

• Joseph Ollech

Derek Wood QC and Prof. Hon. Clyde Croft AM SC explain the advantages of arbitration for resolving property disputes.

The COVID-19 pandemic has brought difficulties and changes to all areas of life and court proceedings are no exception. In particular, the perceived limitations of advocacy and witness handling through a screen are causing some parties to consider whether an adjournment would be more attractive than a remote hearing. Two June 2020 cases – one in the Court of Appeal and the other in the High Court – shed some light on how the courts currently view remote hearings for witness actions and are approaching applications to adjourn in the age of Coronavirus. Our two Pupils Michael Ranson and Kavish Shah summarise in this article.

Yesterday the Court of Appeal handed down judgment in Trecarrell House Limited v Patricia Rouncefield [2020] EWCA Civ 760, having been asked to rule on the much-debated issue of whether a landlord’s failure to provide a gas safety record (“GSR”) prior to a tenant commencing occupation is a ‘once and for all’ breach of the prescribed requirements which bars the landlord from serving a s21 notice (and thereby bringing about a no-fault eviction) indefinitely. Imogen Dodds has provided a short summary.

• Imogen Dodds