EG 08-05-21

P.43 Turnover rents. What are the common term, how to define turnover eg click and collect sales, the need for transparency and detailed disclosure to landlords and their lenders. Landlord vs lender issues - ratio of T;s EBITDA to rent, occupancy rates or footfall or sales figures, break rights in leases where T underperforms. Reinstatement of rights if a CVA fails.

P.45 Q& A Duval and consent for alterations where there is an absolute cost against them.

P.46 Back to Basics - Ground (f) - redevelopment - how this is more complicated following Frances. Useful reminder of the impact of that case and what L must prove to succeed.

p.48 Business Rates & occupation - R (SS Health) v Harlow DV [2021] EWHC 909. Public Health England’s empty proposed new HQ used only occasionally was eligible for empty property rates relief. The case also sets out 12 brief statements of the law and a suggested protocol to resolve such disputes.

P.48  Damages for trespass - unreported CC case- useful guide on how to  assess them

P.49 CIL - R (Trent) v Hertsmere BC [2021] EWHC 907. For the first time the High Court has set out the legal consequences of a charging authority’s non-compliance with teh CIL Regs 2010.

P.50. The new GPDO from 1-08-21 - class MA - sets out the effects on office-to-resi PD rights and the limitations.Also the new Class E right to convert to resi. No requirements to provide social housing, but the 1,500 sq m cap rules out the largest and most profitable conversions. 

P.51 Lease renewals during a pandemic. A CC Westfield decision offers guidance on this hot topic - a pandemic rent lesser clause should operate from when non-essential retailers had to close, though the situation on a high st may be different from a shopping centre.

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