Ask the expert
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ProfessionalWhat will the fallout be from protracted ATM rates dispute?
I wasn’t surprised that the UK Supreme Court accepted the Valuation Office Agency’s (VOA’s) petition to appeal against the Court of Appeal’s ruling that ATM floorspace should not be separately assessed for rates – just extremely disappointed, for various reasons.
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Professional
What are tenants’ protections against unreasonable landlords?
The rocky relationship between Mike Ashley and Debenhams raises interesting questions around protection for commercial tenants. Where landlords’ actions exceed the usual battles over rent and renewal, what can be done if ulterior motives drive the landlord to force the tenant out – or potentially even drive them out of ...
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Professional
Is the rent being paid on some units relevant to rateable value?
A shopping centre is anchored by a department store. The department store closes; no other retailer is willing to take over. Alongside the anchor store, a row of shops is now economically obsolete, but they do not empty overnight; the leases have not expired. There is no demand for any ...
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Professional
How do we protect our island from the impact of climate change?
Earlier this month, the Environment Agency said that England’s flood planners must prepare for the worst when it came to climate change. This is the first time I’ve heard the government be open.
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Professional
Is the future of permitted development looking bleak?
As Louis XIV’s finance minister reportedly put it, “the art of taxation consists in so plucking the goose as to procure the largest quantity of feathers with the least amount of hissing”.
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Professional
How much should a seller disclose about their property?
The principle of caveat emptor, or ‘buyer beware’, is the cornerstone of property transactions. It places the onus on the buyer to do its homework before entering into the contract, rather than on the seller to give free and full disclosure.
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Professional
How should the industry react to the RICS service charge changes?
A service charge is “a means by which a landlord can recover from tenants the cost of maintaining and repairing a building and providing certain services”. However, this frequently leads to disputes, as a landlord will want to maintain investment value while a tenant will want to ensure they receive ...
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Professional
Will the Homes Act help to improve standards in the PRS?
The Housing Act 1988 came into force in January 1989 with the intention of revitalising the private rented sector (PRS). Over time, the legislation has increased the number of households in the PRS – now at 4.5 million (19% of the UK’s housing stock), up from 2.8 million in 2007. ...
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Professional
What does the London Plan say about segregated playgrounds?
Last month, the spotlight was shone on the Baylis Old School development in Lambeth, where there have been allegations of segregation between private and social housing play areas. The facts of this case have not yet been fully established, but it does highlight a potential weakness in the planning system ...
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Professional
What standards do ‘reasonable endeavours’ obligations impose?
The Court of Appeal recently heard arguments as to whether a developer had satisfied its obligation to use reasonable endeavours to fulfil the conditions to pay overage (Gaia Ventures v Abbeygate Helical [Leisure Plaza]).
