PropertyLaw.guru Blog

EG 7-12-19


P.15 'Corbyn clauses' are being inserted ‘everywhere’ in contracts, development site deals, allowing buyers to pull out if Jezza wins Thursday’s vote-off! But many are not signing till after.

p.29 Have you heard of ‘Cloud kitchens’ a new asset class - they provide the offsite cooking for restaurants and also for deliveroo and just eat businesses. Landlords are set to make a lot of money by repurposing cheap light industrial as ghost kitchens for the exploding food delivery industry.

p.51 AI in property transactions? Already being used in big firms for not just drafting but also scanning leases or register entries in large-scale transactions for ‘red-flag’ issues, getting key information out. What are you doing on this?

p.54 The Telecommunications Code - is it working? Lists 12 cases and outcomes in the war between operators and landowners. Something to be aware of when advising landowners.

p.56 Repairing obligations in right to buy leases. City of London v Great Arthur House [2019] concerned the City’s demand for £72,000 per flat service charge for repairing structural defects. The leases were in the form required by RTB and allowed recovery of service charge for ‘specified repairs’.The UT held they were irrecoverable as they were not notified to T before they bought, and were excluded from the definition in the lease.

p.56 Agent’s commissions. Barton v Gwynn-Jones 2019 CA. Agent entitled to compensation from seller where buyer agreed to buy property for less than agent’s retainer specified under the doctrine of ‘unjust enrichment’.

p.57 Telecommunications Code - more on Cornerstone v Uni of London, [2019] CA, on the point that both operator and landowner may want to agree a short term agreement without security of tenure (which will need approval of the UT) to deal with, say, one-off public events needing coverage, or temporary location to facilitate development, or short term broadband near the end of lease terms prior to redevelopment.

p.58 Landlord’s repossessing property after forfeiture or break clauses may inadvertently be in breach of the GDPR if they find there are personal data records remaining at the premises! - by denying T access to its data or L having unlawful access to it. Suggests giving T notice to collect it and warning L not to attempt to access or alter such data, keeping it secure, and securely destroy if not collected. Should standard leases deal with this now?

p.59 Collective Enfranchisement - Aldford House v Grosvenor 2019 CA. What is a ‘flat’ where L is in the progress of construction or alteration of the building to create more flats at the time of T’s initial notice? It has to reached the stage of being suitable for use of a dwelling. 

p.66 And finally in the Diary gossip section, apparently Hollywood is working on ''WeWork the movie" about the rise and fall of said flexible workspace provider and its erratic but charismatic founder..
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