PropertyLaw.guru Blog

EG 21-03-20

P.17 Coronavirus pushes retail landlords to the edge..Given the drop in retail sales generally, the virus and the lockdown means many tenants will go out of business or will demand rent reductions from landlords, meaning landlords cant pay their mortgages…can government bail everyone out - and what about the banks?

p.26 interviews with women on the EG future female leaders programme. Good bit of motivational reading!

p.41 Third one of the excellent and practical articles on the effect of MEES on rent review, alienation, do you have to draft in an assumption ignoring a bad EPC? Or not disregarding improvements by T that lifted it above F &G? And what about underletting a sub-standard property? And dilaps claims - will they fail if a property is ‘unlettable”? Some good arguments for property litigators and warnings or those drafting new leases..

p.43 More about the issue of ‘overlooking’ following the Tate Gallery case recently reported. There is no ‘tort’ or nuisance caused by someone looking into your flat from an adjoining building.. Buy some blinds…

p. 44 Must read article about CGT and the new requirements for a tax return witting 30 days of completion **FLOWCHART** to help you work out whether your client needs to do a return or whether they are exempt. I suggest referring them to accountants lest you end up doing it like SDLT! All overseas sellers are already required to do a CGT return and from 6-4-20 any UK individual LLP or trust disposing of residential property will need to consider whether they need to file. Non-resident UK companies are caught too, but UK resident companies sit outside the regime, mainly. There are also other exemptions, where there is main residence relief for example. Penalties include interest at 5%! So - *DON’T* put your neck on the block IMHO by offering to advice - there is nothing in it for you but risk, leave it to their accountants to do that. Options over land, as are some share sales

p.46 Faiz v Burnlely BC [2020] EWHV 407 (Ch) - waiver of forfeiture by L which acts in a way inconsistent only with the continuation of the lease. In this case s.146 served on T for unlawful subletting, but T argued waiver as L had demanded payment of insurance rent. However judge held that as   it was apportioned up to the date of claimed forfeiture there was no waiver of forfeiture

p.46 Signature Living Hotel v Sulyok [2020] EWH 257 Guarantee signed by director of the guarantor in Hong Kong without being witnessed, but it was held to be enforceable. Lesson - make sure it is witnessed properly to avoid  litigation 

p.47 How to design and fit out a building that is Carbon zero

p.48 IR35 has been set back a year by the virus, but concerns any employer using contractors, in particular construction companies and small businesses. Overview of the test to be applied by HMRC

p.49 ‘A judicial blockbuster’ - PBS Energy AS v bester Generacion [2020] EWHV 233 - extensions of time, ground conditions, contractual termination, asbestos & LADs (liquidated damages) all in one case. Must read for construction lawyers. Concerns a contract fro the construction of a biomass energy plant that went spectacularly wrong!
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