PropertyLaw.guru Blog

Fixtures and fishings (and (f)otovoltaic panels...)

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2019] EWHC 2272 (Ch) (24 September 2019)  Great case report from PLC - Buyer of fishery from an LPA receiver found that he did get the photovoltaic panels but didn’t get the fish as they were wild animals and didn’t pass with the land!!B had owned a commercial fishery, which included nine man-made
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EG 14-09-19

P.51 Company Voluntary Arrangements CVAs are a nightmare for landlords who find that their rent is reduced or their leases handed back and there’s nothing they can do. Must read article fro anyone dealing with L&T. Looks at what the process is, what CVAs can and cannot contain, the option of the landlord to accept the reduced rent or accept the property back and release the tenant from all liabilities
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EG 07-09-19

P.59 Residential tenancy law in Wales - looks as the many ways in which the law is different than in England. Compulsory landlord registration and licensing, complete re-writing of residential tenancy law next year, retrospective conversion of existing tenancies to one of two standard occupation contracts (public and private sector), banning of certain tenant fees, etc.P.61 Managing Agents. Recommendations
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EG 31-08-19

P. 53. Survey of the most important cases recently in the battle between mobile phone mast operators and landowners. There have been many articles on the problems for landlords of the new Code, the collapse in rentals and the increased powers given to Telcos - worth a readP.56 Sustainability - reviews policies and trends in the real estate area. Fairly general in approach..P.58 Hallman v Harkins 2019
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EG 17-08-19

p.21 & 25/26  Interesting Editors comments on the long awaited IPO for WeWork, including a lot of WTFing (quote!). I think WeWork’s approach is transformational in office provision and both landlords and tenants need to rethink the way they do business in the modern world, which includes us lawyers. WeWork may be losing billions ($1.9bn!) and full of hype (like Tesla), but change is a coming…(or
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EG 03-08-19

p.51 Enfranchisement - goes briefly through the historic reasons why the different regimes exist (LRA67, LRHUDA93 & CLRA02) and why it isn’t fair and calls for a simple and accessible solution with lower costs involvedP.52 Landlord’s works - who repairs - and who ultimately pays? Looks at the Blue Manchester case where the freeholder who bought the reversion for £400k is facing a bill of several
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EG 27-07-19

P.35 Fascinating article about how the Belgian town of Roeslare’s town centre is now thriving after adopting all the Grimsey Review recommendations on retail, whereas here its just  one CVA after another…P. 37 The UK’s real estate investment market is still the third biggest in the world (after US & Japan), despite sharing to £564bn last year..Should be plenty of comm prop legal work
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EG 20-07-19

p. 74 Bizarre Diary story about planning permission granted for 15 flats converted from some grim light-industrial units in Watford - 7 will have NO windows in the gable roof conversion, - PD rights despite the planning inspector commenting that the lack of windows or any natural illumination ‘would not be a positive living environment’. Can’t wait to see the sales particulars for those…That’s
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EG 13-07-19

P.27 Manchester - predictions for the future of the city….P.49 Rent arrears and service charge apportionment differences between share sales and asset sales. A must for anyone dealing with corporate support property work. Either Completion accounts or apportionment schedules can be used.Excellent summary of the key factors, but have a double expresso first before you read it!P.51 Restrictive covenants
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EG 6-7-19

P.22 Brexit frustration appeal canned. The proposed EMA appeal has been shelved after EMA sublet the *whole* building to WeWork until the end of the lease. This just goes to show how WeWork and flexible work space is going to transform office usage IMHO and the decline of the commercial lease as the norm for office space usageP.63 The new Telecommunications Code’s complexity and security of tenure.
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