PropertyLaw.guru Blog

EG 23rd March 2019

EG 23 March 2019

MIPM issue with lots on the Cannes jolly that agents go on - and a few lawyers. Probably not as much fun as the Film Festival (that I gatecrashed a few years ago!)

P. 57 Business Rates and charities. There have been lots of ‘mitigation schemes’ (fiddles to you, me and the Councils involved) to avoid the punitive business rates on empty properties regime, including the Charity scheme. It’s a very good rundown on the different techniques and warning about where this may all go wrong if your clients want to go down this road.

P.59 Party Walls compensation - is it limited to diminution of value or can it include loss of investment income from a property = its not clear

P.60 District heating schemes on commercial or even residential developments may become more common. Although possibly good for the environment as they can be more carbon friendly, they can be expensive to administer and run. Looks at the options here

P.61 Business Rates 2 - how does it apply when a landlord offers flexible office space? Occupiers of individual areas may be able to claim Small Business Rate Relief where the RV of the space is less than £15k. But occupiers sharing a big open plan space can’t and the landlord will have to pay more and not be able to claim empty rates when there is a churn of occupiers - looks at the problems for Landlords and tenants in connection with the wish to provide simply easy-in and easy-out inclusive lease arrangements.

P.62 ‘Right to Rent’ immigration checks required by landlords are in breach of Human Rights, holds the recent High Court decision - but nothing is going to change perhaps and the Government is appealing the decision

P. 62 A tenant who fell down a water company’s manhole in her council house garden successfully claimed against the council landlord!

P.63 Buildings insurance often turns out to be insufficient or claims refused - the article looks at the main problems with insurance arrangements

P.64 Rates 3 - ATM’s. The decision that ATMs in a supermarket are not liable to rates was a huge one worth about half a billion of reclaims by supermarket chains. But HMG is appealing which will lead to years of uncertainty on the issue and may, if HMG wins the appeal, mean the disappearance of ATMs!

P.65 Must read article for anyone in Manchester at the very least, concerning the liability of a freeholder of the iconic Bentham Tower in Manchester (google it) for the glass falling off the building!  Carillon did the work and has gone into liquidation and the current makeshift prevention isn’t going to be enough. The court ordered the landlord to fix it permanently, at no cost to the Hilton who occupies a lot of it, or the other tenants! Plus damages to be assessed for inconvenience suffered by tenants


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