PropertyLaw.guru Blog

EG 03-10-20

P.49 Racial and ethnic diversity in the workplace - looks at the equality legislation and what needs to be done to increase BAME representation

P.51 The future of planning disputes. Part of the planning streamlining proposals is the White paper ‘Planning the Future’ released in August., but it is short on details, but it proposes to remove the risk of Judicial Reviews by removing imprecise and unclearly worded policies or law and creating simple and clear processes and local plans. Article  discusses why JRs arise and suggests there will be little change


P.52 Dad and daughter Seitler debate about whether the FCA decision of Business Interruption insurance will help make Covid an occasion for rent cesser in commercial leases. Does the insured risks definition include reference to notifiable diseases is key, as if not then no. ’ Prevention of access’ as a trigger in a rent cesser is also a possible, and insurers conceded it did not have to be a physical prevention. The Rent Cesser argument isn’t fully made yet but is a possible, and will be very fact and clause specific.


P.54 Discusses the proposals for a new form of asset holding companies in alternative fund structures. No I don’t understand what that means either. 


P.55 AGA sagas and COVID. Explains the origins of the AGA and how landlords are turning to AGAs given by the previous tenant. Outgoing Ts are more likely to try and avoid giving an AGA, but will only be able to run this argument that it is not ‘reasonable’ if it isn’t a pre-requisite in the lease, (which it usually is). Group company assignments are also difficult. Also time limits need to be kept to for fear of losing rights to enforce. 


P.56 Two articles on the continuing war between phone mast operators and their landlords. The first one concerning validity of notices served and the second on whether the operator had a lease or a licence. The whole area should be treated with extreme caution

 

P.57 Is common hold really in the pubic interest? The proposed reinvigoration of Commohold by the govt this summer. Personally I think that horse is long dead and repeated flogging will not raise it. Sets out even more arguments why it is doomed, including the lack of interest of occupiers in shouldering the work and risk of running buildings compared to leasehold arrangements. Lenders too are not keen. The long grass beckons for said dead horse to be kicked into?



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