EG 31-10-20


Many complaints that the proposed planning reforms completely fail to mention commercial property and focusses entirely on housing.

John Lewis gets PP to turn half of its flagship Oxford St store into offices!!

Future of London - some great articles about what will happen to :London post covid

P.52Asbestos Horror Story - Pullman v Welsh Minisetr [2020] EWHC 2521 held that ‘yielding up’ in ‘good and substantial condition’ extended to remedying environmental defects such as asbestos on the property. No new law, which is usefully summarised in the article, but a stark reminder of the higher standard that reference to ‘condition’ adds. Also that the result would have been the same if the contamination pre-dated the lease.

P.55 Unfriending the EU - the effect of leaving the EU on the lucrative business model of Facebook and its companies WhatsApp & Instagram (plundering your phone for all its data and sending it to the US for anyone to buy, while you happily look at pictures of kittens or puppies). Ireland has ordered Facebook to stop transferring data to the US. Many countries are looking to converge on common protections and standards, and this could leave UK out in the cold.

P. 56 A new era of service charge legislation - the draft Building Safety Bill, a result of Grenfell, has been published. It creates a new enhanced regime for buildings of at least 18 m or more than 6 storeys., containing at least two dwellings. A new statutory role of ‘accountable person’ is created, who will be responsible for repairing the common parts, assessing safety risks, and so on. Also imposing new implied covenants on L & Ts of long residential leases and a new category of service charges called ‘building safety charges’  These are described in the article, as is their calculation and consultation requirements. The implied covenants require L to carry out building safety measures, and Ts have to pay the charges for this within 28 days of demand.

P.57 Sustainability article -Discussion of EPCs and the proposed changes to the way they are assessed. Also the proposed changes to MEES - raising to C from April 2015 and all new domestic to achieve this by 2025 and existing ones by 2028. An increase in the costs cap from £3.5k to £10k etc. The regulations are expected in autumn 2021 after the current consultation ends in December this year.

P.58 How will the ‘night-industry’ survive Covid? It looks bleak - unlikely to be operating as normal until 2021 at the earliest. Financial armageddon for some.

P.59 Investing in Fractional Hotel Schemes - what to consider. Some of these have failed, some are unenforceable ad being in breach of FCA requirements.  Explains how they work (basically you ‘buy’ a room and get some of its income), and what the consequence of being caught up by FCA requirements or their breach. (Personally I wouldn’t touch these with a bargepole)

P.60 Restrictive covenants - three decisions in recent months concerning applications under s.84 for discharge or modifications.  Creebray, 89 Holland Park, & Sheppard v Martin Grant.

P.61 Bath Rugby v Greenwood [2020] EWHC 2662 held hat land that benefitted from an RC imposed in 1922 need only be ‘identifiable’ and was enforceable as a reasonably accurate assessment of the extent the seller’s retained land would suffice, even it wasn’t precisely known. (The Federated Homes case & s.78 LPA25 doesn’t apply to pre-25 covenants)

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