IN CASE YOU MISSED IT: Is it time to lift the burden on bricks and mortar? PLUS: Real estate’s next big thing offers high returns.
Landlord and tenant
Landlord and tenant – Service charges – Jurisdiction – Respondent tenant applying for determination of service charges due – Appellant freeholder seeking to strike out application – First-tier tribunal dismissing application – Appellant appealing – Whether FTT having jurisdiction to hear application regarding matters agreed or admitted – Appeal allowed in part
IN CASE YOU MISSED IT: Philip Day’s Edinburgh Woollen Mill group is in talks with a group of landlords. PLUS: An opportunity to be your own Roman Abramovich.
Right of way – Definitive map – Byway open to all traffic (BOAT) – Claimant modifying definitive map and statement to show route as bridleway – Inspector appointed by defendant secretary of state modifying order showing Right of way Land – Transfer – Restrictive covenant – Respondents’ predecessors constructing residential property on land transferred subject to restrictive covenants – Respondent undertaking to transfer strip of land to claimant neighbours on demolition of barn – Appellants seeking specific performance of covenant by respondent to transfer strip and damages for breach of contract to perform covenant – High Court holding restrictive covenants applying to strip on re-transfer – Appellants appealing – Whether strip transferred to appellants to be subject to restrictive covenants entered into when land sold to respondents’ predecessors – Appeal dismissed
Bidwells have retained their place at the top of EG’s Cambridge office disposals league table. Despite a 16% drop in its year-on-year disposal figures, the firm took an even more commanding 58% market share – acting on 11 more deals this time around.
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Right of way
Right of way – Definitive map – Byway open to all traffic (BOAT) – Claimant modifying definitive map and statement to show route as bridleway – Inspector appointed by defendant secretary of state modifying order showing right of way as BOAT – Claimant challenging decision – Whether inspector making erroneous findings on common law dedication – Whether inspector erring on effects of section 67 of the Natural Environment and Rural Communities Act 2006 – Application granted
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OBITUARY: The City’s “Agent Provocatuer” Simon Harris has died following a 20-year battle with Parkinson’s disease.
Great ideas exist across all organisations, but often they can be hidden by the glossed and polished exteriors that we present so proudly to our customers, writes Carissa Kilgour, workplace director at Landsec
COMMENT: While there is evidence that across the market generally debt levels are on the increase, it would appear that most commercial real estate lenders are learning the lessons from the past – albeit there are still some signs for concern.
IN CASE YOU MISSED IT: The stories you need to know about, from Hussey’s deal for £290m Soho block to whether the struggling Docklands can be revitalised?
COMMENT: An increasing number of buy-to-let landlords across the UK are being hit by the introduction of selective licensing. But is this is the correct way to regulate the PRS sector, or is there a need for an industry body?
COMMENT: Many expected the EU referendum result to tip the scales and briefly it did, with investment volumes dropping and deals falling through. But UK real estate has proven remarkably resilient.
IN CASE YOU MISSED IT: The City of London’s decision to combine and relocate Billingsgate, New Spitalfields and Smithfield markets means there will be three new sites up for grabs in the capital. PLUS: serviced office providers hunt regional debuts.
Town and country planning
Town and country planning – Planning permission – Section 106 agreement – Useful purpose – Developer agreeing to pay towards cost of highway under section 106 agreement – Development not taking place – Developer applying to claimant local authority to be released from obligation to pay outstanding balance under section 106A – Inspector allowing appeal against claimant for failure to determine application – Claimant applying for judicial review – Whether inspector erring in failing to consider whether planning obligation continuing to serve useful purpose – Application granted
Housing – Right to Buy – Public sector housing – Exception – Appellant council appealing against decision of First-tier Tribunal allowing respondent’s appeal against refusal of right to buy – Whether appeal property particularly suitable for occupation by elderly persons – Appeal allowed
Rating – Expert witness – Procedure – Expert witness appearing for appellant in relation to rating valuation dispute – Whether obligation of expert witness to declare success-related fee arrangement applying to remuneration for all services provided by expert – Whether success-related fees compatible with obligation of expert witness to act independently – Ruling accordingly
A surprise amendment could have a significant impact on the delivery of development
IN CASE YOU MISSED IT: The struggling retail chain is expected to outline its proposals for a CVA. PLUS: 10 things you need to know about the London residential market
One issue that keeps cropping up in disputes over the payment of residential service charges is whether charges are payable if a landlord has failed to comply with its obligations in respect of service charge certificates.
Landlord and tenant
Right to manage
Landlord and tenant – Right to manage – Section 72 of Commonhold and Leasehold Reform Act 2002 – Appellant serving notice on respondents claiming right to manage block of flats – First-tier Tribunal determining appellant not entitled to acquire right to manage – Whether building “structurally detached” and self-contained – Whether appellant acquiring right to manage – Appeal dismissed
Section 84(1) of the Law of Property Act 1925 empowers tribunals to discharge or modify restrictive covenants if certain conditions are satisfied. Ground (aa) applies where a restriction impedes some reasonable use of land and does not secure to those entitled to the benefit of it any practical benefits of substantial value or advantage, or if it is contrary to the public interest.
Capital gains tax will apply to non-resident investors in UK real estate from April 2019. Kirsten Prichard Jones and Rhiannon Kinghall Were sift through the draft legislation documenting how this will work
Licensing legislation has come a long way since 1988. James Daglish reflects on the legacy of the “second summer of love” and suggests how landowners can protect themselves from illegal parties
COMMENT: It is really important to have a discussion as a company and an industry on how to manage data, what data is and how you get it.
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Parliament provided us with a detailed definition that helps to identify when parts of buildings qualify, but the definition of when a building qualifies is more concise.
Read the full transcript John Romans Park Homes Ltd v Hancock and others
Park homes– Protected site – Caravan park – Mobile home park having planning permission and site licence for mixed seasonal and permanent use – Whether park being “protected site” within section 1(1) of Mobile Homes Act 1983 – Appeals dismissed
Read the full transcript of Hallam Land Management Ltd v Secretary of State for Communities and Local Government and another
IN CASE YOU MISSED IT: EG’s LOMA Q2 data reveals a new name at the top of the league table. PLUS: What impact will the Bank of England’s interest rate rise have on the property market?
Options to renew in leases usually enable the tenant to renew its lease for a specific period at a new rent and otherwise on the same terms and conditions, but without the benefit of a further option to renew (or subject to a proviso that the right to renew is exercisable only on a limited number of occasions).
IN CASE YOU MISSED IT: News that WeWork has entered the leasing business in the US has caused a stir. PLUS: City take-up by serviced office providers falls.
A court’s ruling on what a tenant has to do in order to break a lease successfully
Has pre-application consultation become a material consideration in England through the new National Planning Policy Framework?
We are often very quick to judge. Take the World Cup in Russia: British travelling support was lower than usual. This has got nothing to do with our views on football or the national team. We simply thought there would be trouble, so we steered clear, writes Guy Grainger, EMEA chief executive at JLL.
Football clubs’ business rates are, in part, determined by variables including the estimated cost of building a replacement stadium, as well as the football club’s ability to pay based on its income. So how does relegation affect the rateable value of a football stadium?
Building contract – Delay – Extension of time – Prevention principle – Liquidated damages – Respondent engaging appellant to design and build property – Works being delayed – Appellant seeking extension of time – Whether concurrent delays taken into account when calculating extension of time to completion date – Whether prevention principle rendering relevant clause inoperable – Appeal dismissed
A lot has changed since Lehman Brothers triggered the global financial crisis. You could argue that the can of financial risk management – rather than being kicked – has simply taken an Uber down the road, writes Shahil Kotecha, chief executive at alternative lender Pivot.
Research by Allsop illustrates how far investor demand within the UK retail market has shifted in the past year to focus on assets with longer leases.
Gillian Wood and Sheelagh Cooley consider suggestions for modernising the law relating to commercial leases in Scotland