Commercial Property Podcasts
Please click on the appropriate link below to link to the relevant podcast:
Commercial Property Podcast March 2009
In this podcast we examine the 2009 decision of Alchemy Estates v Astor which concerns the dangers of Landlords indicating consent in principle to an assignment or subletting only to find they are bound by this indication.
We also look at Ozzie Banjo v Seahive Investments Limited another 2009 decision on the problems of waiver preventing a landlord from forfeiting a lease and the dangers of a tenant not being clear in relation to a part payment of arrears.
The case of Dennis v Davies is next up for scrutiny and this considers a restrictive covenant in a plot sale transfer against nuisance and annoyance which some developers might find surprising.
The Podcast also looks again at the Revenue and Customs Guidance note on the letting of unsold houses by developers in the light of some clarification issue by the Revenue.
Finally, we explore the recent development of Tenants asking to pay their rent by monthly instalments and asking for surrenders of their leases and we give detailed guidance for Landlords on how to deal with such requests without prejudicing their position.
Commercial Property Podcast October 2008
This is the 5th podcast produced by the Commercial Property Team.
In this podcast we look at:
- The case of William Page & Co v Paribas Services Custody Bank which concerns option agreements; in the case the courts were prepared to not construe pre-conditions to the exercise of the option strictly.
- Tree Preservation Orders and the right to compensation if an application for lopping or removal is refused.
- The case of Crowe v Massey which concerns the modification of restrictive covenants by the Lands Tribunal. We revisit the area of rights of light and hear about the case of RHJ Ltd v F T Patton a 2008 appeal court decision.
- It is now possible to send building control documents electronically to the Building Control Departments of local authorities. The podcast tells us more about this development.
- We have a look at a VAT Information Sheet aimed at housebuilders who let dwellings before selling.
- Finally, we look at the case of Margarissen v Bates which concerns interpretation of restrictive covenants in particular with reference to permission for alterations and whether this binds successors in title.
Property Developers Podcast June 2008
This is the third podcast specially aimed at UK commercial and residential developers.
It features items on a case involving a breach of a restrictive covenant by a developer prohibiting land from being used other than as a single residential dwellinghouse.
The case revolves around the measure of damages and the Lands Tribunal decided it should be based on the loss in value to the landowner and not the gain made by the developer.
The podcast also covers a new innovation called a Planning Performance Agreement which applies to complex planning applications and will be good news to developers.
We look at a House of Lords decision on whether a right to park can be an implied easement and finally we look in detail at Energy Performance Certificates for commercial property which is now in force with big penalties (12.5% of rateable value) for developers selling without an EPC.
Property Developers Podcast March 2008
This is the second special podcast for developers and those involved in commercial and residential property development in the UK.
The topics covered in this podcast are:
- Business Premises Renovation Allowance-new tax relief providing 100% tax relief for the renovation of property
- Assessing the impact of the Regan decision relating to rights of light
- Getting a release from restrictive covenants restricting multiple dwellings from the County Court under Section 610 Housing Act 1995
- Societal Risk-a new criteria for the grant of planning permissions
- Turner & Others v Pride & Others – a recent case on building schemes.
Property Developers Podcast February 2008
This is a special podcast for developers and all those involved in commercial and residential property development in the UK.
The topics covered are:
- A 2007 VAT Tribunal Case on Serviced Building Plots
- Overage Agreements-3 recent court decisions especially on the duty of good faith
- A new carbon footprint calculator made available by the Environment Agency
- The case of Dobbin v Redpath which relates to building schemes and releasing /modifying restrictions affecting development
- Pettigrew v George Wimpey - a case which involves challenging estate agents commissions
Tenancy Deposit Schemes Podcast
The Tenancy Deposit Scheme podcast relates to the new legal obigation in relation to Assured Shorthold Tenancies where the tenant pays a deposit for the Landlord to register with the deposit with one of the 3 Government approved schemes. The consequences of non-compliance are that the Landlord cannot recover possession of the property at the end of the Tenancy and a fine is payable.