EG 20-08-20

p.17 Investors primed for a rise in sale and leaseback as companies look to free up cash after the pandemic - are you ready?

Numerous articles predicting the future of the office…which will affect commercial lease volumes..


P.44 Escape to the country- what are the headaches of countryside living - what exactly are you buying - boundaries, rights, gaps and unregistered land, planning permissions and restrictive covenants, residential tenants, farming tenancies, private drains, septic tanks, footpaths and SDLT to boot - mixed use property 

P.47 Welsh planning law. Highlights the differences between Welsh and English planning law and policy and what to expect

P.48 What’s the use. The detail in the new regulations changing the Use Classes. Very good summary of the new use classes -  E (commercial business and service - very wide ), F1 (learning and non-residential institutions, F2  (local community), unchanged uses, the new sui generis uses (which now includes pubs, hot food takeaways and bars!!), and the transitional arrangements. Existing and future commercial leases restrictions on uses will need to be thought about carefully. Will they be stuck in time or able to use the new uses?  How will landlords approach this and what will be ‘reasonable grounds’ for objection if they refuse to allow consent where this is fully qualified?

P.50 Right to Manage - Q Studios (Stoke) RTM Co Ltd v Premier Ground Rents No6 Ltd [2020] UKUT 197 - clarifies that whether premises constitute a ‘flat’ for C&LRAA20202 is an objective test based on the physical characteristics of the premises.

P.50 Enfranchisement & Relativity Deritend Investments Birkdate Ltd v Treskonova [2020] UKUT 164. reaffirmed the guidance of the UTT on use of the collect relativity graphs. In that case the UTT used the Gerald Eve and Savills graphs not the RICS 2009 one, which it felt was not reliable as it was affected by the global financial crisis at the time

P.51 HMRC’s recent guidance on the VAT and SDLT treatment of ‘barter’ transactions. It considers that a number of commonly agreed landlord and tenant transactions are not ‘barter transaction’. For example, lease variations where the tenant gets a rent holiday, or extends the lease, or varies the lease or removes a break clause, or takes a new lease on new terms.  These are not a supply by T to L so no VAT consequence arises. However, there are still some situations where it will be a barter - such as lease variations in which the tenant agrees to do some works in exchange for rent-free period.

p.52 Views on the major reforms in the recent government White Paper on planning reform. Discusses ‘zoning’, s.106 changes, the new IL replacing CIL, and funding issues.

P.53 Construction Law - in the case of Brest Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 the SC upheld Construction Act adjudication over insolvency set-off. This is apparently one of the most important judicial endorsement of adjudication since its inception in 1998! One for the construction lawyers..

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