PropertyLaw.guru Blog

EG 29-08-20 (App only)

 New Look's proposed 3 yr CVA terms- turnover rents, Landlord breaks etc. Worth looking at - Is this the standard model?
Covid Grants and business rates come to an end on 28 August - but £1.45bn remains unclaimed. Business rates holidays given to retail leisure and hospitality let many businesses out in the cold. Some claimed empty property rates relief, but the majority of LAs refused. Massive increase in the number of rating appeals

Capital Direct & Co Ltd v Fuller (unreported, County Court at Central London, 28 May 2020), - waiver and the grace period in commercial leases. Confirms that entering into negotiations in the 'grace period' during which rent must be paid does not waive the right to forfeiture

Third Party rights and development sites. Must read article for anyone doing development work outlining the range of third party rights that can affect a site - not just planning and covenants. Rights of light, telecoms, party walls, boundary dispute, nuisance, easements, etc.

A planning lifeline for the economy - but at what cost? Examines the proposed planning reforms, the new PD rights for upward extension, new UCO

Interpreting rights of access the modern way. Windsor-Clive and others v Rees and another [2020] EWCA Civ 816[2020] PLSCS 130. - Access for a Bat Survey refused by tenant farmer. Interpretation of the reservation of rights by the landlord in the tenant's lease to enter for purpose of inspecting, etc. Would it include putting remote detectors to trees for 5 days at a time? Held that strict construction wasn't appropriate and had to balance the rights sought against Ts rights to quiet enjoyment - as this caused little disturbance L could attach the detectors

The Strife of Professional indemnity insurance - Looks at the PX problems for valuers, which is forcing valuers out of the market 
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