EG Estates Gazette 13 October 2018 Articles16-10-2018, 22:07
Bumper crop of great articles this week!
P.73 Review of the new RICS Service Charges in Commercial Property Code. It sets down nine mandatory requirements on service charge adminstration for the first time, bringing it more in line with the resi sector, giving occupiers greater clarity and certainty over service charges, and provides guidance to solicitors their clients and managers in the negotiation, drafting and interpretation of service charges in leases. It comes into force in April 2019. Its actually pretty impressive and will help solicitors and their clients I am sure.
P.75 Looks at the problem of AirBnB style Short term lets to others in a resi block of flats, and whether they may be in breach of various resi lease clauses, planning. Courts have found that such use is in breach of fairly standard lease clauses as the article explores
P.76 Implied terms in leases. Looks at what might be implied by common law, such as quiet enjoyment and non-derogation from grant, alienation, repair, rent, VAT, notices etc.
P. 13 Brexit and the planning/environmental system.
P.80 The problem of long leases with high ground rents over £250 pa becoming ASTs! The risk is that if the ground rent is i3 months n arrears it is a mandatory ground 8 for possession and the court has no power to allow relief from a possession action *if* the arrears were not paid off by the hearing date!
P.81 Perpetually renewal leases and their conversion into a lease for 2000 years! This could be where a tenant has a one year lease with the right to call for another lease on the same terms..The case in question was a short 1 year 2 page tenancy agreement (not drafted by solicitors) which effectively became a 2000 year lease!!! The UTT allowed rectification as the tenant had laid a trap for the landlord, but this can’t be relied on…