Commercial Property Updates from April 2024

Opposed lease renewal – business occupation

Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch)

The High Court rules on when ‘working from home’ amounts to business occupation, and when intended use by the landlord, for the purpose of opposing renewal on ground (g), does not.

Adverse possession

El Massouri v Omani Estates Ltd [2024] EWHC 534 (Ch)

In an unusual case, the defendant’s unconscionable conduct gave rise to a proprietary estoppel which gave the claimant a defence to their counterclaim for possession. This enabled the claimant to establish adverse possession under the little-used s.98(6) of the Land Registration Act 2002.

Rights of Light

Publication of the RICS Rights of Light Professional Standard, accompanied by a new Rights of Light Protocol.

Valuers’ professional negligence

Bratt v Jones [2024] EWHC 631 (Ch)

Liability for negligent valuation requires (a) a departure from acceptable professional standards, and (b) a valuation figure falling outside the allowable margin of error.

Undue influence

One Savings Bank Plc v Waller-Edwards [2024] EWCA Civ 302

In a ‘hybrid’ case, where a loan had been taken out for a variety of purposes, the loan was, looked at as a whole and from the point of view of what the bank knew, a joint borrowing made for the borrowers’ joint purposes. The lender was not put on inquiry, and therefore not affected by constructive notice of undue influence.

Learning Objectives:

To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.