EG 25-07-20


P.19 Law Commissions report on Commonhold and leasehold reform noted. As one comment says, why would developers set one up if there is no financial advantage and lenders won’t lend on it! Also, in my experience flat owners don’t want to be directors of management companies or manage the building, but whinge about the maintenance and service charges all the time. Don’t expect changes any time soon…

P.43 Useful notes for Ls faced with non-paying Ts. Do you draw from Rent Deposit but then its not there for dilaps and other costs, whereas if T goes into administration then rent will be paid as an expense of the administration leaving the deposit for such things, also the admin won’t have to top it up..Checking AGAs and Guarantor covenants is essential too, also original tenant liability in ‘old’ leases pre 96.


P.51 Key issues for developers facing CV considering their existing Planning permissions. Extending permissions close to expiry if not able to discharge pre-commencement conditions - - the Business & Planning Act will extend some permission’s deadlines for commencement to 1/4/21. Or apply to extend - which should be granted. S.73 applications for variations, s96A non-material amendment applications, good summary!

P.53 Brill article on CV & industrial leases - points to think of when negotiating - pandemic rent suspension clauses and triggers for suspension, user clauses (esp given the new changes) opening hours, easier alterations for social distancing, term extension options, L not in derogation from grant if communal areas closed because of CV, tweaks to forfeiture, notices, etc

P.54 Protecting intellectual property and brand names for developments

P.56 Local land charges searches - what are they, if things aren’t shown you are still affected by them, the alternatives of personal searches, their risks if mistakes are made, the limitations of ‘no-search’ insurance - limited to market value (difficult to prove) and won’t enable a buyer to escape a contract to buy - or use a conditional contract (tricky to negotiate)

p.57 Non Disclosure Agreements (NDAs) in Landlord and Tenant negotiations - what is one, where they are used (eg T agreeing that L won’t tell that they are getting rent where T isn’t paying rent to other Ls), or L not wanting T to disclose rent concession agreements, what remedies does the other party have to a breach, what counts as ‘loss’? Many of the effects of breach may be difficult to quantify and prove

P.58 Corporate ‘Power Purchase Agreements’ (PPAs) of clean/green energy from electricity generators - what are they, the use to meet a company’s ‘sustainability targets’

P.59 Another article on the 89 Holland Park v Hicks [2020] EWCA Civ 758 - where a landowner (freehold reversion of a block of flats) with the benefit of restrictive covenants was entitled to take its leaseholder’s interests into account when responding the requests from those bound my them, and was able to justify refusing consent to plans for a glowing glass cube home on the land subject to the covenants

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