PropertyLaw.guru Blog

EG 29-06-19

p.33  Shape of things to come? Spelthorne Borough Council (who? where?) earned as much (£7m) from the £1billion of commercial property it quickly bought (on cheap loans from the Public Works Main Board) as it did from rates! Is this what your local authority is going to do? If so, cosy up to them and get some work! 

p.47 Interesting article about the BPF’s Red Flag clauses for a CVA, which you can download from 

P. 57 Disability rights and access issues. Looks at how the Equality Act affects commercial and residential landlords differently. Also the Smailes v Clewer 2019 case that held a landlord could not refuse to consent to physical alterations sought by a disabled resident. Costs and grants of up to £30k are dealt with. Many developers blatantly fail to comply.

p.59 Business Rates appeals. The system for appeals introduced is a shambles with years of delay.

P.60 'Must read’’ explanation of Commercial Lease Deposits.  Transfers or assignments of the reversion by landlords, the need for a transfer of any charge to a new landlord, release under the 1995 Act, old tenancies and a flow chart!

P. 63 Collective Enfranchisement on flats claims.Nice outline of the procedure and why flat owners should consider it, especially if there are problematic ground rents

P. 64 IRS35 - taxing contractors on PAYE as if they were employees, is being extended to the private sector from April 2020. Not strictly a property law issue but any freelancers working for you may have to be treated as employees 

P. 65 Must read summary (again) of the case on contracting out of the ‘ 54 Act mentioned in the last issue TFS v Ashford Stores 2019 that held it was acceptable to serve on a tenant’s solicitor where they had accepted service, and the usual formula approach for the date on which the lease is to be granted when it isn’t known at the date of the agreement for lease (per PLC for example).
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