Property Management Awards – Forsters Shortlisted for Legal Services Award

The Property Litigation and Residential teams began the festive season with aplomb by attending the Property Management Awards at Wembley on 1 December 2016.

Natasha Rees, Emma Gosling, Sarah Heatley, Amy Jackson, Anna Mullins and Oliver Claridge represented the litigators. Gethen Sasanow and Adam Whitfield-Jones of the Residential team also joined the table and provided a much needed non-contentious element. We hosted guests from the Crown and Phillimore Estates who thankfully survived being surrounded by a group of avid table dancers.

How not to prepare CPSEs

Commercial Property Standard Enquiries ("CPSEs") - are pages and pages of questions and replies that are capable of sending even the most ardent insomniacs to sleep. While accusations of the CPSEs being tiresome to complete may ring true, we've just received another stark reminder of the importance of making sure the replies are always up-to-date and paint an accurate picture of the reality rather than glossing over the facts in an attempt not to alarm any prospective buyer or tenant.

Run Forsters Run!!

On Thursday 25 August Megan Wade, Ed Glass and Anthony Goodmaker from Forsters' Commercial Real Estate team took part in the 8th JLL Property 5k in Regent's Park. On a scorching night, with temperatures just shy of the 30 degree mark, our runners joined over 1000 other property professionals on the course.

Is planning permission required to amalgamate two flats into a single dwellinghouse?

Planning law is not clear on whether you need permission to amalgamate two or more separate residential units (i.e. flats) into a single dwellinghouse. This is unlike the position for subdividing a single dwellinghouse into smaller, separate residential units for which it is clear that planning permission is required. This issue was highlighted recently in an unsuccessful appeal against the refusal of the Royal Borough of Kensington & Chelsea to grant a lawful development certificate ("LDC").

Build me up (Buttercup): A Landlord can add another flat on top of an existing building, even where the leases appear to indicate otherwise

The recent case of Francia Properties Limited v Aristou & Others serves as, amongst other things, a timely reminder of the importance of a good understanding of the law when looking at lease clauses. In this case, the landlord of an eight flat building within a development wanted to put another flat on the roof. Perhaps understandably, this was vehemently opposed by the tenant of the top floor flat.

All the flat leases contained the following clause (the underlining is mine):

Forsters Finally Find Winning Formula as St. Bride's Triumph at Annual Cricket Day

There's a man in Liverpool who claims to have invented a game that in certain respects is a bit like cricket.

What he doesn't know is that for the last five years, Forsters have hosted a tournament for that very same sport.

To celebrate the 5th edition of the competition, Forsters welcomed back the ever-present Ellandi, together with St Bride's, Caisson and Grosvenor; the five teams assembling at Kew Cricket Club early on Thursday afternoon.

Marlbray Limited v Laditi

The recent case of Marlbray Limited v Laditi raises interesting questions on the validity of contracts.

Park Plaza Westminster Bridge Hotel is a 4 star hotel that offered 999 year leases on hotel rooms. Dr Mobolaji Laditi and his wife attended a sales launch, where Mr Laditi– but not his wife, Dr Olutola Laditi – signed instructions authorising the exchange of contracts on a hotel unit for £315,000 plus VAT. He also signed a contract on behalf of himself and his wife. The hotel's solicitors signed, and exchange took place on the day.

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"Forsters are very good. They have been doing this for many years and are consistent performers."  
Chambers UK
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