tag:blogger.com,1999:blog-73777422205004701872019-02-10T22:49:59.937+00:00PropertyLaw.guruHannah Mackinlaynoreply@blogger.comBlogger30125tag:blogger.com,1999:blog-7377742220500470187.post-80804961788516825292019-02-10T22:49:00.002+00:002019-02-10T22:49:59.849+00:00Estates Gazette 09-02-19 Non law articles about the London Office market, Primary Health Care Properties, the residential market in the regions.. P.49 Mixed-Use developments. - part 1 of a 3 part series by Dentons about the different stages of a mixed use development. This one looks a 3rd party rights and restrictions - rights to light, covenants and strategies to adopt. Then the problem of residential occupiers Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-59016712724931466432019-02-04T15:33:00.000+00:002019-02-04T15:33:21.299+00:00EG 2nd Feb 19 Various news articles charting the rise of Build to Rent, billions being poured in by investors P.45 Thought provoking article about getting the most return from commercial property leases, which might not occur to comm prop lawyers, such as making sure tenants pay all charges, refuse to accept schedules of condition rather than a full repair clause, include toilets in the demises rather thanHannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-80696480379292647342019-01-30T23:04:00.000+00:002019-01-30T23:04:02.585+00:00Estates Gazette - 26-01-19p.30, 31, 34 offices - the future and the death of the commercial lease?  A number of articles announcing significant 'flexible offices' from Landsec and also the fear that organisations like WeWork might take leases in SPVs and simply fold the companies if they don't work out financially are worries for landlords renting to them. Landsec's documents are only 3 pages long! Is this where we are Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-26576084022060575792019-01-28T17:09:00.001+00:002019-01-28T17:09:33.552+00:00EG articles 19-01-19Been away for a week hence delay.. p.26. Brexit='Frustration' of an agreement for lease? That is what is being argued in the High Court in  an attempt by the European Medicines Agency to avoid having to take a £13M a year lease in Canary Wharf till 2039 with no break clause (who on earth agreed that one!). This could open the floodgates if the argument is successful. Watch this space.. p.30 Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-52700391023568408442019-01-17T16:36:00.000+00:002019-01-17T16:36:56.440+00:00EG articles 12th Jan 19Non law: p.17 Local authorities are the new buyers of comm prop! They bought nearly £2bn of it last year. Why? They can borrow cheaper than normal investors and need to generate income to replace the abolition of financial support from the Government. Perhaps cozy up to your local council to get work?  p.19 And as they pile into it, rents and returns on Comm Prop are falling, esp retail...but Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-25895075894202087022019-01-07T13:39:00.001+00:002019-01-07T13:39:12.296+00:00EG 05-01-19 Lots of predictions on the market for the coming year, such as 1) The Midlands is the place to invest, 2) Turbulent year ahead for Retail,  3) Increase in developers building to rent not sell! P. 49 Predictions of the legal year ahead. Supreme and other court hearings are in the pipeline on issues such as enforceability of of restrictive covenants, rights of light, CVAs, proprietary estoppel,Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-20066872844957517902018-12-13T17:56:00.001+00:002018-12-13T17:56:01.859+00:00Lawyers- Cut throat employers ?https://www.theguardian.com/law/2018/dec/13/toxic-vile-cut-throat-the-work-culture-awaiting-junior-lawyersHannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-78120700948320386202018-12-05T11:15:00.000+00:002018-12-05T11:15:03.174+00:00Estates Gazette articles 1st December 2018 p.32 Interesting (non-law) article about ‘clicks-and-mortar’ retailers (get up to date with the jargon whose businesses are a mix of online and in-store retail), in British Land’s huge Sheffield Meadowhall shopping centre - where the tenants rents are turnover based. But one tenant Joe Browns is 90% online, so how do you factor that in when you are drafting the turnover rent clause? Food for Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-13519425069805589462018-11-27T08:16:00.001+00:002018-11-27T08:16:11.253+00:00EG 24 November 18This week's EG comes with the quarterly Property Auction Buyers' Guide. Worth getting a copy and giving it to clients who can't keep their hands in their pocket at an auction and don't see the point of having you look at the auction pack before they buy it. This edition has articles on what's hot and what's not, buy to let health check, short leaseholds, online auctions, commercial lending, what Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-69792523479640502962018-11-17T19:15:00.000+00:002018-11-17T19:15:02.454+00:00Estates Gazette 17 Nov 18 - article summaries Bumper brainy articles in this one - need an expresso before you read them this week! P.65 - Damages for rights of rights claims and restrictive  covenant breaches. Looks at what ‘negotiating damages’ means - more complex than a one-third Stokes and Cambridge approach. More subtle and could mean less P.67 Good one looking at what your legal redress do in practice if your building site is Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-92009470505964935642018-11-16T22:55:00.000+00:002018-11-16T22:55:05.650+00:00Estates Gazette EG articles 10-11-18 Only got this edition on Weds!! Where has it been? Some good articles this week: P.69 Assesses the LR’s proposed use of Blockchain. Explains what it is and how it is supposed to be secure and ‘could reduce property fraud’. I don’t believe that one, personally, can’t see how an encrypted record at LR stop someone pretending to be who they aren’t to a firm of solicitors who then authorise Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-23972529974304560022018-11-06T14:12:00.001+00:002018-11-06T14:12:23.768+00:00Estates Gazette EG articles 3rd Nov 18 This weeks articles in the esteemed organ of surveyors are as follows: P. 61 The new accounting standard IFRS16 means that the lease liabilities (such as future rent etc. payments) will need to be shown on company balance sheets. The article considers what this will mean for commercial lease - such as shorter leases instead of longer leases with break rights?, More turnover rents, less 5 yearHannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-83245675310185955692018-11-04T20:06:00.004+00:002018-11-04T20:06:40.304+00:00SDLT on building licences & substantial performanceInteresting email discussion between me, Judith Pederzolli of PEM Accountants in Cambridge who advises on SDLT, and Anne Humphreys who also advises on SDLT - almost makes me miss lecturing on SDLT! Situation - developer has access to site to build the building under a building licence, with the right to buy it when it's built.  Judith mused as follow:  "I wondered if there can be substantial Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-77880715656507572772018-11-01T09:41:00.004+00:002018-11-01T09:41:47.508+00:00EG Estates Gazette 27-10-18 Article summaries. P. 53 Development Horror Stories! In time for Halloween this article lists the problems that can befall development sites plus a brief outline of what you can do. Bats,Newts, Ancient Monuments, covenants & TVGs P. 55 Mobile phone masts and the Telecommunication Code, good summary plus a couple of excellent one page flow charts setting your rights (if any) to move a mobile phone mast off your Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-69274725520851896112018-10-26T08:59:00.001+01:002018-10-26T08:59:58.345+01:00Estates Gazette EG 20-October 18 legal articles Sorry, bit later this week but here goes: P67. Employment law (?!) Unconscious bias in the workplace and diversity P.69 More SDLT  for foreign buyers - we all hate it and it is planned to charge foreign buyers of residential property an extra 3%! Naturally us poor lawyers will be the tax collectors and take the risk on this one it seems.  P.70 Valuation issues on the Law Commission’s Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-25753412175001513112018-10-20T11:34:00.002+01:002018-10-20T11:34:54.748+01:00SDLT & mixed use. HMRC goes back on itself 😱 Read the illustrious SDLT expert barrister Patrick Cannon’s article on the meaning of ‘residential property’ for mixed use (click through the post to get to the published article). SDLT is way more complex than solicitors who blithely call it ‘stamp duty’ will admit to, but they are taking all the risk if they don’t refer clients to experts for advice. I have been ranting on about this since Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-18766772753206364382018-10-16T22:07:00.001+01:002018-10-16T22:07:38.057+01:00EG Estates Gazette 13 October 2018 Articles Bumper crop of great articles this week! P.73 Review of the new RICS Service Charges in Commercial Property Code. It sets down nine mandatory requirements on service charge adminstration for the first time, bringing it  more in line with the resi sector, giving occupiers greater clarity and certainty over service charges, and provides guidance to solicitors their clients and managers in the Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-66134285146734499252018-10-15T21:33:00.001+01:002018-10-15T21:38:11.839+01:00Consultation proposals on ground rentsHere are the proposals on reducing new ground rents to £10 - a good start ! (unless you are an investor 😱)  Leasehold_consultation.pdf Consultation closes 26 November. Main proposals: Ground rents capped at £10, not a peppercorn or £1 Can only be sued for in the year they are due, not after This seems to also apply to *voluntary* lease extensions too, whereas statutory extensions will be at Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-82652197007815489852018-10-09T19:06:00.000+01:002018-10-09T19:10:04.068+01:00EG Estates Gazette 6th October - legal articles update P.115 Proptech and privacy. Scary article showing how a landlord or employers building tech could be used to build up data about you, big-brother style, and even be sold to others/used for employment law issues or even sold for marketing purposes! Remember - if you don’t pay for a product (such as that app on your phone), YOU and the data you produce using it are the product that is being sold..Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-88914240358418992532018-10-09T19:04:00.000+01:002018-10-09T19:04:04.067+01:00EG Estates Gazette 29th September update.. p.97 Excellent and thorough summary of the Law Commission’s proposals to reform the law of Enfranchisement and Lease extension. All of the procedural suggestions are well thought through but the intractable one is how you make it cheaper for tenants to extend their lease or buy the freehold without giving the freeholder less money than before. The burning question is whether, with Brexit and Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-17247255026226995162018-10-05T18:19:00.000+01:002018-10-05T18:19:34.018+01:00Title insurance - sometimes not such a solution after all in the real world....Now don't get me wrong, title insurance has a place sometimes, but its not a cure-all... One of the delegates on my courses told me a tale that needs to be told to all those who dismissively say to you 'Oh, can't you just get some insurance, stop holding it up, I just want the keys'! Picture the all too familiar scene, developer wants to buy site to put houses on - only problem  - a right of Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-51230901188459620862018-09-27T10:20:00.000+01:002018-09-27T10:20:00.855+01:00EG (Estates Gazette) 22nd Sept - update..p. 65 Restrictive Covenants - great summary of the current apparent willingness of the courts (UT) to vary or release even recent restrictive covenants in a steady stream of cases where they have been held to be redundant as the area has changed, or relaxation was reasonable. Is this a public policy decision to release more land for housing? p.67 AST blues. Don't get caught on a technicality. Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-9949444610532705752018-09-25T20:47:00.000+01:002018-09-25T21:52:36.221+01:00Lets start a Revolution in Client Reporting! I have had so many non-lawyer commercial surveyors and retail clients on my courses complaining how impenetrable and unhelpful their lawyers reports were, that I thought I would start a revolution and suggest a more clear, structured and more client friendly version. I get property professionals coming on my courses as they don't seem to get explanations of anything from their own solicitors inHannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-74074695625134675962018-09-24T10:54:00.000+01:002018-09-25T21:54:39.717+01:00Lease extension nightmares? A tool to analyse doubling ground rents! I have put a useful excel spreadsheet on www.propertylaw.guru under Resources>Other bits and bobs! It compares the doubling with the increase that would happen if tracked to RPI assuming a 3% increase p.a.. It shows that its not so much the doubling, its when it starts, and how often it doubles! So a 25 year doubling isn't too bad, a 20 year is about twice the effect of RPI. its the 10 and 15 Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0tag:blogger.com,1999:blog-7377742220500470187.post-74434132106475432952018-09-17T09:42:00.001+01:002018-09-17T09:42:00.265+01:00EG (Estates Gazette) 8 Sept - Leasehold, Electronic signatures and un-socialing your tenantsLeasehold reform. Great article on the Law Commission's proposed overhaul of leasehold. How are you going to make it cheaper for leaseholders to extend their leases but at the same time make sure landlord's don't lose financially. Impossible. Someone has to lose. Simplification of the regime is long overdue, but it will only be a few weeks till we see their plans Electronic signatures. Outlines Hannah Mackinlayhttps://plus.google.com/117481041554780779467noreply@blogger.com0