Happy New Year from the Property Disputes Team! What to expect in the year ahead

Business tenancies 2022 promises to continue to be a time of change for commercial landlords. Protected rent debt The government aims to pass the Commercial Rent (Coronavirus) Bill 2021-22 by 25 March 2022.  The Bill will ring-fence rent debts built up as a result of mandated business closures during the COVID-19 pandemic and introduce a new binding arbitration process aimed at resolving disputes relating to ‘protected rent debts’ where landlords and tenants have not been able to reach agreement on how those debts should be dealt with. A rent will be protected if the tenancy was adversely affected by coronavirus and was subject to a closure requirement during the period (England only) from 26 March 2020 to 11.55pm on 18 July 2021. Landlords who issued court claims for these rent arrears on or after 10 November…

Court of Appeal finds restrictive covenant preventing redevelopment unenforceable: the case of Bath Rugby Ltd v Greenwood and others

On 21 December 2021, the Court of Appeal handed down judgment in this case concerning the enforceability of a restrictive covenant contained in a 1922 conveyance. The appeal to the Court of Appeal was over whether an area of land in Bath known as the Recreation Ground, commonly called "the Rec" and formerly part of the Bathwick Estate was still subject to a restrictive covenant imposed in a conveyance of the Rec made on 6 April 1922. The claim was brought by Bath Rugby Ltd ("Bath Rugby"), which has a lease of part of the Rec and who wished to replace its existing stadium with a new, larger stadium incorporating various retail and commercial outlets, with associated car parking. The land was subject to an old restrictive covenant that nothing should be "erected, placed, built or…

What to expect at a financial dispute resolution (FDR) hearing

If you are applying for a financial order as part of your divorce then the court will list your case in for a financial dispute resolution hearing, often called an FDR hearing. This is a private court hearing and is aimed at trying to assist parties in settling any dispute over finances.  ‘The judge does not make a final decision, but instead tries to encourage the couple to reach an agreement.  It provides an opportunity for everyone to gather in court to discuss all the financial issues and to seek the guidance from an experienced judge on the legal position.  Most disputes can be resolved at this stage, without the need for a final hearing,’ says our family law team expert at Ware & Kay in York & Wetherby. How to prepare for a financial dispute…

Avoiding the divorce court for farming families

It is a new year, so off with the old and on with the new. Sadly, this also sometimes includes spouses, with divorce lawyers seeing a spike in divorce enquiries in January as the stress of the festive season takes its toll. Divorce for farming families can be particularly complicated, given that farms are often asset rich but cash poor, and their ownership split between the extended family. This sometimes makes it difficult to achieve a fair division of assets between the separating couple, while still ensuring the survival of the farming business. With complexity comes extra cost, especially if all the details have to be thrashed out in court. Our family law team specialist at Ware & Kay Solicitors in York & Wetherby explains how a fair settlement can be achieved for both parties, while…