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NLJ this week: Redevelopment & the Landlord and Tenant Act

14 June 2024
Issue: 8075 / Categories: Legal News , Procedure & practice , Property , Landlord&tenant
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Seven decades on, the Landlord and Tenant Act 1954 continues to keep the courts busy with cases on ‘previously unanswered questions’, particularly in the context of redevelopment. In this week’s NLJ, Edward Blakeney & Taylor Briggs, Falcon Chambers, cover recent case law on redevelopment of a landlord’s property, in connection with the 1954 Act

They also cover the key principles, including on the burden of proof in proving intention on the landlord—'Although it has been said that “intention” is an ordinary English word, the courts have interpreted “intention” in such a way as to incorporate both subjective and objective elements.’

Blakeney & Briggs write that the so-called ‘acid test’ is ‘whether the landlord would intend to carry out the same works even if the tenant vacated voluntarily’.

The authors cover case law on the interpretations of ‘holding’ and ‘substantiality’, both key terms in this area of law.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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