Publications

Service Charges in Commercial Property - the new RICS Professional Statement

13th December 2018

In contrast to the residential sector, commercial property service charges are fairly lightly regulated. The latest version was published by the RICS in September 2018 and will come into force April 2019. For the first time, the Code will be in the firm if an RICS Professional Statement and some parts of it will be mandatory for surveyors and property managers who are RICS members.

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Electronic Communications Code – one year on

13th December 2018

Nearly a year after the new Electronic Communications Code (the “Code) came into force, the property industry is still working out how some of its provisions will apply in practice. The government’s aim of improving connectivity is in danger of being undermined by a lack of clarity in the Code itself, made worse by the fact that Code operators and landowners do not always seem to understand each other’s viewpoints.

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Redevelopment balance shifts in tenant’s favour

05th December 2018

The judgment of the Supreme Court today in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62, will significantly impact on a landlord’s ability to oppose its tenant’s right to a new business tenancy on the grounds of redevelopment under s30(1)(f) of the Landlord and Tenant Act 1954.

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Right to light wins again in West London

19th November 2018

Chelsea Football Club's attempts to extend their stadium have so far been scuppered due to rights of light issues. Another case in West London has underlined the importance of rights to light and planning applications. This time the lesson was to ensure that light reports are applied and reported on fairly.

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What Does IFRS 16 Mean for Landlords?

03rd November 2018

Roger Thornton and Jamie Tomlin address the impacts for tenants and landlords of incoming reporting standards that will transform lease accounting. Click here to read more.

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Budget 2018 and Development

02nd November 2018

While the focus of the Chancellor's speech was predominantly on convincing us that austerity is over, developers will have been watching the Autumn budget with interest. This year's speech was not as development-focussed as the last, when the stamp duty concession for first time buyers was particularly eye-catching. This is perhaps understandable, as next year's spending review is likely to make greater changes to Government spending, and many of the proposed changes to planning policy are at an early stage.

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The Court of Appeal makes a landmark decision with ramifications for 'called in' schemes

01st November 2018

A recent Court of Appeal judgment regarding the Secretary of State's ("SoS") decision not to 'call-in' the 'Paddington Cube' application considers whether the SoS is under a duty to provide reasons for his decisions. The judgment will have major ramifications for future decision making by the SoS.

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Development opportunities as council overestimates Housing Land Supply

25th October 2018, by Robin Barnes

An appeal to the Planning Inspectorate hit the headlines recently, when it granted planning permission contrary to the decision of a local authority which believed it had a 5+ year Housing Land Supply ("HLS"). The decision has important implications for everyone interested in how councils justify their housing land supply calculations.

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Supreme Court confirms Student Accommodation in HMOs need not meet minimum size regulations

22nd October 2018, by Robin Barnes

A Supreme Court judgment given on 10 October 2018 will be welcome news to those who own or manage houses in multiple occupation ("HMOs"), which held that bedrooms that do not meet an authority's minimum size regulations can still be let to students who are "living cohesively".

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Electronic execution of documents - Law Commission consultation

17th October 2018, by Fiona Larcombe

Electronic signatures are now commonplace in many areas of our lives. When a parcel is delivered, we think nothing of 'signing' for it on the electronic device

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Housebuilding borrowing cap to be scrapped

17th October 2018, by Robin Barnes

The Prime Minister has pledged to lift the borrowing cap on local authority housebuilding. This is big news for the development sector but details about how the new borrowing rules will work are scarce. What impact could the change make?

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Goodbye to Pre-Commencement Conditions?

08th October 2018, by John Bosworth

Establishing whether a planning permission has been implemented, or is capable of being implemented, will always involve an analysis of any pre-commencement.

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Fraud unravels everything? well, not quite

14th March 2018, by Michael Craik

Grosvenor wanted the adjudicator’s decision in its favour for £553,958.47 plus VAT enforced. Aygun contested enforcement on the grounds of fraudulent conduct by Grosvenor’s employees and, failing this, wanted a stay (suspension) of enforcement primarily on the basis of Grosvenor’s lack of solvency. Grosvenor London Limited v. Aygun Aluminium UK Limited [2018] EWHC 227 (TCC), 28 March 2018

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Retail CVAS - landlords are feeling the pain

18th May 2018, by Dellah Gilbert

As we are all only too aware, many UK retailers are struggling and landlords increasingly feel they are bearing more than their fair share of the financial fall-out.

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2017 Electronics Communications Code

18th May 2018

A new electronics communications code ("New Code") came into force on 28 December 20178. It contains comprehensive reforms in favour of telecoms operators, intending to make it easier to roll out infrastructure such as mobile phone masts.

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Landlord's consent and planning permission

18th May 2018

The Court of Appeal has held that a landlord could not protect itself against an enfranchisement claim by attempting to block the tenant's application for planning permission to change the use of part of the property to residential. Hautford Ltd v Rotrust Nominees Ltd

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The Real eState with Peter Bill

01st January 1970

The surge of M&A activity among retail property REITS has “Amazon-proofing” motives. But Canada’s biggest mall owner says getting smaller, not bigger, is better. Plus, reasons why Helical has got a lot smaller.

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The Real eState with Peter Bill

27th February 2018

Permitted Demolition Rights are coming. Anyone brave enough to provide residential care for old folk on the same model and scale as Unite has for students? Go visit the Olympic Park and experience Docklands 1988.

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Is planning permission as well as a Wayleave agreement needed to install telecommunications equipment?

22nd February 2018

A High Court Judge ruled on the 16th February 2018 in R (on the application of Mawbey) v Lewisham LBC that a series of radio antennae mounted on top of a building in south-east London constitutes “radio masts”. Mrs Justice Lang DBE ruled that, as such, they should not be able to benefit from the part of the General Permitted Development Order (GPDO) that allows much telecoms equipment to be erected without planning permission.

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What does it all MEES?

12th February 2018

2018 means the arrival of "MEES". Below are ten practical top tips for landlords and property investors for understanding and preparing for the upcoming enforcement of the new minimum energy efficiency standards (MEES) which will soon land on our doorsteps.

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