LC meaning

In this issue: Key developments and horizon scanning Leasing property Environment, energy and buildings Statutory compliance Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Snapshot of key property developments to look out for in 2025 We deliver a concise overview of several significant property developments to watch for in 2025. See News Analysis: Snapshot of key property developments to look out for in 2025. Leasing property Electronic Communications Code and assignment of pre-28 December 2017 licence agreement AP Wireless II (UK) Ltd v ON Tower UK Ltd [2024] UKUT 429 (LC) was an appeal to the Upper Tribunal (Lands Chamber) (the UT) from a First-tier Tribunal (FTT) decision concerning how the Electronic Communications Code (Code) should be interpreted. The central question was whether an assignee of a Code licence...

In this issue: Leasing property Property development Residential property Key developments and horizon scanning LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Leasing property Code—terms of renewal lease In EE Ltd v AP Wireless II (UK) Ltd [2024] UKUT 216 (LC), the Upper Tribunal (Lands Chamber) fixed the terms of a replacement lease for a telecommunications site under the Electronic Communications Code. The earlier lease had ended and the claimants sought new Code rights from the present landlord. Two issues were in dispute: (1) the conditions allowing the landlord to bring the new lease to an end for redevelopment, and (2) the level of rent or consideration payable. The parties’ valuers advanced divergent figures—£1,000 per annum for the claimants and £2,850 per annum for the respondent. The Tribunal found for the respondent on the break right, permitting termination for redevelopment, including telecoms redevelopment, but only after the fifth...

Original news Hastings Borough Council v Braear Developments [2015] UKUT 0145 (LC) The property was a five-storey Victorian mid-terrace house, converted into five self-contained flats held on long leases. The right to manage was taken over by an RTM company, which then applied to the local housing authority for a grant to fund repairs to the common parts of the building. Approval was granted on the basis that the works would be completed within 12 months; however, the RTM company did not finish within the permitted 12-month period, so the grant was cancelled. The grant application brought the poor condition of the external staircase to the authority’s attention, and the authority served an emergency prohibition order, preventing any use of the staircase. In answer to that notice, the owner of the only two occupied flats on the upper floors carried out limited remedial works. Those measures sufficed to discharge the prohibition order, but following a further inspection the authority served an improvement notice under HA 2004, s 11. The...

CASE HUB Archived This archived case hub records the position as at the date the transaction was abandoned on 25 April 2020; it is no longer updated. See further, the timeline and commentary. Case facts Outline: European Commission merger review into the proposed purchase by Boeing Company of Embrace SA’s commercial aviation business, together with related operational and engineering capabilities, and the parties’ intended joint control of the joint venture, EB Defence LC (Case M.9097). The deal presented horizontal overlaps in the markets for manufacturing commercial aircraft. Latest developments On 25 April 2020, Boeing Company announced it had called off the transaction. On 8 May 2020, the notification to the Commission was abandoned and withdrawn. Parties Boeing Company (Boeing): Boeing is an American aerospace and defence corporation headquartered in Chicago, Illinois. Boeing designs, builds, and sells commercial aeroplanes, military aeroplanes, and spacecraft, as well as defence, space, and security systems. Boeing also delivers aftermarket support to the aerospace sector, including performance-based logistics and...

This Practice Note outlines the principal features of judgments from the Upper Tribunal and higher courts under the Electronic Communications Code, contained in Schedule 3A to the Communications Act 2003, and identifies the relevant Code provisions together with the result in each matter. For further assistance on the Code, consult Practice Notes: The Electronic Communications Code—code rights and The Electronic Communications Code—terminating and renewing code rights. Imposing Code rights and agreements Case and Court/Tribunal Provisions of Code considered Decision Further details below Case and Court/Tribunal: Cornerstone v University of London [2018] UKUT 356 (LC)—Upper Tribunal (Lands Chamber) (UT) and University of London v Cornerstone [2019] EWCA Civ 2075—Court of Appeal Provisions of Code considered: Para 26 (interim Code rights) Decision: A short-term access permission to carry out a survey (known as a multi‑skilled visit or MSV) to evaluate a site’s suitability constitutes “works” and therefore a Code right. An application for interim Code rights under para 26 can be brought on its...

If a certificate is required to determine the service charge, Urban Splash Work Ltd v Ridgway and another [2018] UKUT 32 (LC) confirms there is no overarching rule that providing certified accounts is, or is not, a condition precedent to liability for service charges (rather than simply part of the payment ‘machinery’)—the outcome depends on the exact lease wording and there is no generally applicable principle. Landlords should take care not to draft around circumstances personal to them, which could render the certification procedure unworkable once the reversion is assigned. In that event they would need to sue to recover the service charge because there would be no contractual route to obtain it (and, depending on the drafting and the circumstances, recovery might not be possible at all). There must be an express clause creating a duty to pay on account, as such an obligation is unlikely to be implied. Subject to the terms of the particular lease, where the certificate is stated to be conclusive the court will...