PropertyLaw.guru Blog

EG 11-07-20

EG 11-07-20

p.13 Editorial call for retailers to pay landlords where they can - comm prop owners aren’t all rich! p.13 - Tesla isn’t paying rent, Frasers, Boots, JD Sport etc. Mike Ashley plans to withhold rent indefinitely for Evans Cycles, which has been doing really well!
P.17 West End landlords also badly affected, with no tourist trade for their retailers.. Turnover rents are being demanded and Crown Estate feels it will become the norm, with a base rent. Westminster has been widening the streets to encourage food operators to provide outside seating
P.24 onwards - Manchester focussed articles
P.44 Mainly for students - a potted explanation of the court system in the UK
Legal

P.50 Property Guardians - are they the solution for vacant property? Explains what they are, the legal basis of their occupation and recent case law, the effect on owners and HMO arguments, effect of Business Rates (recent case)

p.53 Gas Certificates and s.21 notices. Considers the CA decision in Trecarell v Rouncefield [2020] EWCA Civ 760 - failure to provide one before service of the s.21 notice is not fatal, assuming there was one. It may be different if L didn’t have one at all

P.54 - what legal issues does eating outside a restaurant have? - Private land/highway/easements to do so, licences, leasehold easements, planning and licensing issues need to be considered, as outlined in the article

P.56 the public have a right of access to viability assessments in planning decisions - it had been kept confidential by the developer - resulting in the decision to grant planning being quashed!

P.56 Bridgehouse (Bradford No.2) v BAE Systems [2020] EWCA Civ 759 held that agreements to arbitrate had to be respected, a complex case!

P.57 SDLT part 2 - basic outline of the SDLT on Agreements for Lease, how to deal with them especially where there is substantial performance ( which triggers a tax return then, not when the lease is granted later) and may require a further return or not, depending on the precise provisions of the agreement for lease. In my experience most comm prop lawyers get this all wrong. Essential reading - its just an introduction and trust me, there are even more complexities the article doesn’t go into with commercial leases!

P.58 CIGA2020  - what certainty do lenders have under the new Act - A quick summary of the main provisions that affect lenders such as the moratorium, the court can give leave to lenders to enforce their security but we don’t know whether it will do so. There is no payment holiday for charges, and it seems secured lenders can still make demand, terminate a contract, refuse to make further advances, and apply to the court to enforce the charge

P.59 Wet ink case - Umrish v Gill [2020] 1513 Gill signed the signature pages of 4 guarantees and then scanned and forwarded the pages to the recipients of the guarantees. They sought to enforce the guarantees. The question was whether the email with the signature page was ‘delivery’ of the deed. Held - yes it was - subjective intention was not relevant (Gill claimed he thought there was going to be a meeting when they would become binding). Judge held no - he had deiivered them unconditionally and was bound. 


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