PropertyLaw.guru Blog

 EG 08-08-20


P.43 - 75% of businesses are now considering flexible working as a result of the pandemic, and a shift away from tradiitional long leases, which is bad news for L&T solicitors specialising in that area.


P.64 Zoning the planning system. Analyses the proposed planning changed- will the recommendations of others to shift to a rules based by right system, where developers can build automatically without planning permission, provided what they propose complies with building regs and local plans? Looks at the problems of delay in the current system - many causes. Suggests replacing the system with ‘zoning’ as in some other countries, and other suggestions for improvement


p.67 What are the problems if working from home (WFH) becomes the norm - for training, pupil barristers, the advantages but also the disadvantages of lack of connection and discourse or sharing ideas, watching other’s approach, getting second opinions, etc.


P.68 Good article - reopened real estate for the new normal - some of the aspects that will have to change post covid. Leasing - the need for more flexibility in user clauses, rent suspension for pandemic related reasons, service charge clause extensions and recovery,. Health & Safety - impact of the H&SAWA74, the reporting of diseases requirements, Data protection - more information is being held to ensure health & safety issues - what data protection impact assessments are needed to comply with GDPR?   Financial management - rent payments, delays, forfeiture restrictions, the recent Corporate Insolvency & Governance Act, 


P.70 Yet more telecoms cases dealing with the new Telecoms Code - what are the patterns emerging from the flurry of cases on the subject? Good technical article for people working in that area


P.72 Septic tanks. In England the General Binding Rules introduced last year require rural homeowners to prevent any septic tank that discharges into watercourses or drainage ditches and replace them with something else, by January 2020. The position is complex, and is different in Wales. I did a guide for the Society of Licensed Conveyancers on this at the end of last year which SLC members can download from their website. Most tanks weren’t replaced by the deadline it seems. This is being picked up on sales. The costs of compliance could be £10k’s - who is going to pay - price reduction? Must read article for residential conveyancers if they didn’t know about it already


P.73 What happens when LR makes a mistake? - Rees v 82 Portland Place Investment [2020] EWHC 1777. An innocent proprietor’s consent will be needed if its title will be adversely affected by an alteration to the register, unless it would be positively unjust not to rectify the mistake. The failure by LR to register a unilateral notice has ended up costing the enfranchising tenant another £1.8M for a lease extension - and will either be claiming compensation or suing their solicitors for not checking this. 

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