Roy Perrott

Energy Performance Certificates (EPCs) have been around for a few years. Since 2008, it has (subject to limited exceptions) been compulsory to supply an EPC for any property, commercial or residential, being let or sold. Most clients will now be familiar with the grading that EPCs confer on a property, with properties with an "A" […]

Sending the bailiffs in (or “distraining” as it is officially known) is often an effective way of recovering rent arrears. It has been used for centuries. Landlords will therefore be disappointed to learn that things are changing from 6 April next year. It will still be possible to seize the tenant’s goods but the procedure […]

Boundaries: Basements that extend under a highway are sometimes excluded from the Land Registry title plan. One of the advantages of registered land is that it provides certainty as to ownership. It can come as a surprise, then, to learn that the Land Registry title plan does not determine the exact boundary between adjoining properties. […]

One of the themes in the Conservative Party’s manifesto for the April 2010 general election was the creation of a "Big Society". Some of the more ambitious plans fell by the wayside. However, other initiatives did take flight and were incorporated in the Localism Act 2011. One of these was the ability for local residents […]

Developers rushing to celebrate the Law Commission’s proposal to do away with the acquisition of rights to light by prescription should remember that the government has a poor record of following the advisory body’s recommendations, says Roy Perrott. Rights of light are a major impediment to property development in this country, so the Law Commission’s […]

The Electronic Communications Code (or “Telecoms Code” as it used to be known) is in need of reform. The Code was introduced in 1984 as a result of the privatisation of BT. It now applies to all forms of electronic communications, such as fibre optic cabling and broadband as well as mobile phone masts and […]

Guarantees are a common feature of property transactions. Difficult economic times make it more likely that a guarantee will be sought and that it will be called upon. The guarantor will frequently be the parent company or a stronger subsidiary within the group. For small companies, however, often the only guarantor on offer is one […]

In December last year, we reported on a court case (Good Harvest v Centaur Services Limited) that threw into doubt the value of an AGA given by the outgoing tenant’s guarantor. However, a recent decision (Victoria Street v House of Fraser) has turned the tide back in favour of landlords. First, let’s take a step […]

Flying freeholds are a quirk of English land law, arising where one freehold property overhangs or projects under another. They can jeopardise development, prevent repairs and make a property difficult to fund. The existence of a flying freehold often emerges late in the day, when insurance is the only realistic, but unsatisfactory, solution. The oddest […]

A government scheme that was launched last year has led to a rapid rise in the use of solar panels and other ways of generating renewable energy. Although expensive to install, it is possible to make good money in the long term from these projects. As we will show, however, the message is “get in […]

The Carbon Reduction Commitment (CRC) scheme requires large energy users to offset their carbon emissions by buying carbon allowances from the government or on the open market. Businesses that used more than 6,000 MW of electricity in 2008 – which equates to about £500,000 at current prices – will be affected. The government has estimated […]

Ever since the Landlord and Tenant (Covenants) Act 1995 came into force, there has been a debate about whether the Act allowed a landlord to insist on the outgoing tenant’s guarantor guaranteeing the tenant’s AGA. This debate has now been resolved (in a case called Good Harvest v Centaur Services Limited), but not in a […]