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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Fitzgerald and another v HMRC [2025] UKFTT 89 ( TC) In 2020, the taxpayers acquired a property comprising a five-bedroom detached house, an annexe, a garage and a car port. The annexe contained its own kitchen, lounge, bedroom and bathroom. It also had a separate front entrance situated within the main house’s car port on-site. A lockable door from the annexe kitchen provided access into the principal house. The main house and the annexe shared electricity and gas meters and were billed under a single utility account, but they were separately rated for council tax purposes. The taxpayers sought MDR on the footing that the annexe was, in its own right, suitable for use as a single dwelling, distinct from the main house. HMRC rejected the claim and issued a closure notice to that effect. The taxpayers......
In this issue: Key developments and horizon scanning Leasing property Statutory compliance Property development Property taxes Property in Wales Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Law Society comments on Renters' Rights Bill The Law Society has issued its view on the Renters' Rights Bill, which had its second reading in the House of Lords on 4 February 2025. It broadly backs the planned changes—such as prohibiting ‘no-fault’ evictions and curbing rental bidding wars—but warns these aims risk faltering without clearer enforcement mechanisms and extra funding for the justice system. It also notes the reforms could prompt more contested hearings, since landlords will need to evidence valid grounds for possession, and a spike in claims as tenants gain...
In this issue: Key developments and horizon scanning Statutory compliance Leasing property Property management Transferring property Environment, energy and buildings Additional property updates this week Daily and weekly news alerts Trackers New Q& As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024—enfranchisement The Leasehold and Freehold Reform Act 2024 ( Commencement No 2 and Transitional Provision) Regulations 2025, SI 2025/57 take effect on 31 January 2025, commencing the parts of the 2024 Act that scrap the two‑year qualification period for leasehold enfranchisement and lease extension applications. See: LNB News 24/01/2025 20... Statutory compliance Defective works by developer led to liability under BSA 2022 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd (in liquidation) marks the first High Court ruling that a developer’s defective works constituted a ‘relevant liability’ arising from a...
In this issue: Leasing property Residential property Statutory compliance Transferring property Insurance Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q& As Leasing property Landlord and tenant—repudiatory breach ( Ramsbury Properties Ltd v Ocean View Construction Ltd) In Ramsbury Properties Ltd v Ocean View Construction Ltd ( St Christopher and Nevis) [2024] UKPC 40, the Privy Council endorsed a tenant’s right to bring a lease to an end following a landlord’s repudiatory breach. Although only persuasive as precedent, the ruling is noteworthy, emanating from the highest judicial tier and building upon earlier authority. The Privy Council confirmed that repudiatory breach can ground termination of a lease. It thus supplies persuasive support for the previously generally held view that a lease might be determined after...
AP Wireless II ( UK) Ltd v ON Tower UK Ltd [2024] UKUT 429 ( LC) The Upper Tribunal’s judgment in AP Wireless II ( UK) Ltd v ON Tower UK Ltd [2024] UKUT 429 ( LC), published on 18 December 2024, examines the central question of whether an operator taking an assignment of a licence concerning electronic communications apparatus under the Code should be regarded as ‘a party to a Code agreement’ for Part 5 purposes, even where that assignee owes no obligations to the licensor (site provider) to perform the agreement. Part 5 of the Code addresses the termination of Code agreements and sets out a key procedure, for example where a property owner intends to redevelop and must bring the Code agreement to an end. The ruling applies solely to licences or wayleaves entered into before 28 December 2017....
In this issue: Key developments and horizon scanning Property in Wales Residential property Investigating title Transferring property Property insolvency Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning Renters’ Rights Bill progresses to third reading stage in Parliament The Renters’ Rights Bill moved through report stage and its third reading in the House of Commons on 14 January 2025. Notable provisions debated—and now incorporated, with or without amendment—include a limit on advance rent to one month’s rent and a safeguard so bereaved guarantors are not responsible for rent after a tenant dies. The Bill has therefore completed all Commons stages. It had its first reading in the House of Lords on 15 January 2025, with second reading set for 4...
Coastal Housing Group Ltd and others v Mitchell and others [2024] EWHC 2831 ( CH) What are the practical implications of this case? In brief: the impact could be vast. It is now established that contract-holders across both social housing and the private rented sector may suspend rent for any period in which their landlord is not compliant with reg. 6. The court regarded this as a simple and effective lever for contract-holders to prompt swift remedial action by landlords (paras [116]–[117], [201]). A contract-holder who takes this course—so long as they can demonstrate the landlord’s non-compliance—will not be required to reimburse the withheld sums, even after receiving their ECR. What remains unresolved is the situation where a contract-holder continued to pay during non-compliance, perhaps because they were unaware of the right to withhold or for another reason. That reflects the...
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...
Residential leasehold reform In November 2024, the Ministry of Housing, Communities and Local Government ( MHCLG) unveiled a bold package of proposed leasehold changes slated for 2025, including commencement of the Leasehold and Freehold Reform Act 2024 ( LFRA 2024) and further steps to reform leasehold and commonhold. LFRA 2024 The government’s anticipated schedule for bringing LFRA 2024 into effect is: In January 2025, the measure abolishing the ‘2-year rule’ is due to start, allowing leaseholders to extend their lease or buy their freehold without waiting two years after purchase In spring 2025, right to manage reforms (broadening access, reshaping costs and voting rights) will take effect as one coherent package, enabling more leaseholders in mixed-use buildings to assume management from freeholders, and meaning leaseholders bringing claims will, in most instances, no longer meet their freeholder’s costs In early 2025, the...
FRF ( South Wales) Ltd v HMRC [2024] UKFTT 1145 ( TC) The company took a lease on a disused steel-framed warehouse that had previously operated as a furniture store. It invested over £1.5m converting the building into a motor showroom and claimed allowances for a substantial portion of the outlay. Extensive works were undertaken, with only the following original features remaining: Ground floor slab and foundations Below-ground drainage Incoming services Six of the original ten structural steel portal frames Roof sheeting rails New cladding, glazing, vehicle roller shooter doors and internal services were installed. The completed showroom covered just 57% of the warehouse’s overall footprint. The company maintained that the expenditure was eligible for capital allowances on the basis that the works fell within the definition of ‘conversion’ of......
Planning policy Revised National Planning Policy Framework published This review considers the principal planning developments from 2024. For a summary of the key planning cases in 2024, see: 2024 key cases round up for planning lawyers. On 12 December 2024, the government issued a refreshed National Planning Policy Framework ( NPPF), alongside its response to the July 2024 consultation on proposed NPPF changes. In an accompanying written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy updates are needed to free up land to deliver 1.5 million homes and the scale of infrastructure required to support growth. The release of the revised NPPF follows an eight-week consultation conducted from July to September 2024 on suggested revisions. Key measures adopted include overturning the December 2023 amendments made by the previous government, which had treated the standard method’s outcome as an...
Hackney London Borough Council v Weintraub [2024] EWCA Civ 1561 What are the practical implications of this case? Lady Justice Asplin’s leading judgment offers a helpful overview of earlier case law in this sphere and ought to be considered by local authorities and legal practitioners. The decision turns on a point not previously explored in the authorities and, while noteworthy, is unlikely to have broad, everyday application. Even so, it gives greater weight to a tenant’s claim that they will return to the dwelling once the right to buy has completed, and makes clear that they may come back as an owner-occupier rather than as a tenant. Disputes concerning the tenancy condition more commonly focus on the risk of eviction than on preventing a right to buy from moving forward. The court concluded that a right to buy application may proceed if the tenant can...
Background Created under the Energy Performance of Buildings ( England and Wales) Regulations 2012, the EPB framework has played a key role in boosting energy efficiency and cutting carbon outputs across the building stock. EPC ratings have served as the foundation for targets like the minimum energy efficiency standards ( MEES) and have also acted as an eligibility criterion for funding. Yet, as energy performance evolves, the drive to achieve net zero and the supportive context of the Energy Act 2023 have led the government to conclude that reform is required. Key areas The consultation sets out several pivotal areas where changes are proposed: Updating EPC Metrics & Design: domestic EPCs rely on an Energy Efficiency Rating ( EER) derived from modelled energy costs per m2, using standardised heating schedules, temperatures and fixed fuel price assumptions. Non-domestic EPCs draw on the...
On 16 December 2024, the Ministry of Housing, Communities and Local Government released an English Devolution White Paper titled: ‘ Power and partnership: Foundations for growth’. It sets out plans to broaden and intensify devolution across England, giving mayors unparalleled powers and funding, while embedding them in the machinery of government. Why are the proposals being made? The overarching aim is to reset the relationship with local and regional government—empowering local leaders and Mayors to make the right calls for their communities, and working together to foster an inclusive economy, reform public services, and secure improved outcomes. The government also considers Mayors crucial to achieving its commitment to deliver 1.5m homes. What are the key housing and planning proposals? Strategic Authorities and Mayors are proposed to be supported with the following new powers: every area, whether or not it has a Strategic Authority, must prepare a...
Switaj v Mc Clenaghan [2024] EWCA Civ 1457 What are the practical implications of this case? The Tenant Fees Act 2019, in force from 1 June 2019, was designed to stop landlords and letting agents adding extra charges to tenants in connection with residential lettings. Save where expressly allowed by TFA 2019, Sch 1, such payments are banned. If a prohibited payment has been demanded and not repaid, reliance on section 21 of the Housing Act 1988 ( HA 1988) to obtain possession is precluded ( TFA 2019, s 17(3)). This decision considers the scenario where money was taken before the TFA 2019 commenced, and whether it can nonetheless amount to a prohibited payment, thereby rendering a notice under HA 1988, s 21 invalid. The point is important because numerous tenancies that commenced before 2019 involved sums which, while lawful at the time, would today be...
What is the background to the revised NPPF? On 12 December 2024, the Government released an updated NPPF, together with its response to the July 2024 consultation on proposed amendments to the NPPF. In a written ministerial statement, Matthew Pennycook, Minister of State for Housing and Planning, said the national policy changes are needed to unlock land for 1.5 million homes and to provide the scale of infrastructure required to support growth. This publication follows an eight-week consultation held from July to September 2024 on revisions to the NPPF, which attracted over 10,000 responses. Measures taken forward include undoing the December 2023 reforms by the previous government, which had made the standard method’s outcome an ‘advisory starting point’ for setting housing requirements. Now, the NPPF again makes clear that LPAs should use a new standard method to assess housing need and to plan their...
In this issue: Key developments and horizon scanning Transferring property Residential property Property management Environment, energy and buildings Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Key developments and horizon scanning Key developments and horizon scanning Prime Minister’s Plan for Change The Prime Minister has unveiled a wide-ranging Plan for Change, setting out key milestones to achieve national missions before the end of the current Parliament. Commitments include expediting planning determinations for over 150 major economic infrastructure schemes and building 1.5 million homes across England. The programme also prioritises home-grown energy, with a goal of at least 95% low carbon generation by 2030, aligned with advice from the National Energy System Operator....
Kimberly Moh & others v Rimal Properties Ltd; Dr James Kelly & others v Bostall Estates Ltd [2024] UKUT 324 ( LC) (18 October 2024) What are the practical implications of this case? This ruling delivers a clear, concise and practical recap of the approach to working out relevant time limits in practice, while also flagging a potential pitfall for the inattentive reader. Under section 41(2)(b) of the Housing and Planning Act 2016 ( HPA 2016), it was accepted that the window for applying for a rent repayment order strictly expires on the very day the application is lodged. The judge therefore had to carefully decide when the ‘period of 12 months ending’ on that date starts, so as to determine whether the statutory offence (under HA 2004, s 72) was committed within that timeframe. In her given reasons, the judge approved the general common law...
In this issue: Leasing property Insurance Statutory compliance Residential property Property development Environment, energy and buildings Easements, rights and covenants Commercial real estate finance Property insolvency Property taxes Property in Scotland Lex Talk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q& As Leasing property Non-statutory guidance on high street rental auctions The Ministry of Housing, Communities and Local Government ( MHCLG) has issued non-statutory guidance offering a thorough summary of how to use and deliver High Street Rental Auctions ( HSRAs), a fresh authority created under the Levelling Up and Regeneration Act 2023. It sets out a 22–24 week HSRA timetable, from start to finish, describing required stages such as identifying qualifying areas and meeting vacancy and local benefit criteria. The document is aimed at councils tackling empty commercial premises, commercial landlords and their lenders, enterprises and community organisations seeking premises, and commercial agents who might run an HSRA on a...
Malik v Malik; Malik and others v Malik [2024] EWCA Civ 1323 What are the practical implications of this case? Although several issues were resolved in the proceedings between the brothers, the key point for legal practitioners concerns estoppel by conduct. This doctrine bars a person from advancing a claim or right that conflicts with earlier statements or positions adopted through their actions. It arises where one party has relied, to their detriment, on the other’s representations or behaviour. In this appeal, the Court of Appeal determined that, at a prior application hearing in 2012, Vaqar made representations that stopped him from relying on any entitlement to the property said to arise from adverse possession. At the 2012 hearing, it was established that he told the Judge he was not advancing, and would not advance, a claim to the property by way of adverse...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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