PropertyLaw.guru Blog

EG 22-06-19

p.45 5G Failing to make the connections. Anecdotally there is a big standoff preventing the roll-out of 5G as landlords are hostile to surrendering their rights forever for peanuts to operators under the new Code, given the permanent nature of the rights given and the low rents given under the valuation. Warning if you have one on a site or are thinking about granting one.

P.26. First sign of the death of the commercial lease? News article on p.26 that HSBC are taking 1,135 flexible working desks from WeWork Waterloo, at one of the largest co-working spaces (280,000 sq.ft.) in the world. If large banks are happy sign up for this, why would any client want to take a commercial lease with all its cost and complexity? WeWork are growing exponentially around the world. The nature of our lease work may change forever in the near future…?

P.61 Wayleaves, easements and infrastructure. Excellent explanation of wayleaves, their uses and limitations compared to formal easements in connection with development projects. Often a grey area this article explains the basics

P.64 How can we be proactive to preserve our employees mental health. (If only more partners would realise that people are a firms only valuable asset rather than a disposable and replaceable commodity!). For enlightened employers only

P.66 Exclusion of security of tenure. A case that answers the thorny question of service of notices on a tenant’s solicitor (OK in the facts of this case) and the date to be entered where the lease completion date is not known at that stage (as suggested in the PLC precedent) - OK too, heave sigh of relief. Short article but must read and bookmark the case TFS Stores v BMG (Ashford) [2019] 1363

P.66 Another thorny question in relation to overage - what is ‘planning permission’ - is it outline and approval of reserved matters or just the former? Held -both, in the facts of the car, but don’t leave it to chance - define it properly Loxleigh Investments v Dartford BC [2019]

p.67 GDPR 1 year on - what has happened in this time regarding practice and fines?

P. 68 Squatters/trespassers/persons unknown - how to obtain injunctions against ‘persons unknown’ and even possibly get an order requiring YouTube or social media postings bragging their exploits to be taken down!

P.69 When can allegations of fraud be used to prevent enforcement of an adjudicator’s award in construction cases? PBS Energo AS v Bester Generacion UK Ltd 2019.

Jackson (VO) v Canary Wharf Ltd. UT 2019 The landlords stripped out the offices to a bare shell state before re-letting and successfully argued that NO business rates were payable - the RV was £1 not £1,830,000! 
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