Commercial Property Update

Commercial Property Law Updates

Thank you to those of you who attended our commercial property law update. We hope you enjoyed the event and found the content useful.

Please click on the title of any of the presentations below to hear a recording of it:

Collateral Warranties and Third Party Rights (22:57 mins)
Huw Morgan
A purchaser or tenant of a newly built property will customarily expect the ability to take action against the contractor and design professionals in respect of any defects. Huw looks at the differences between third party rights and collateral warranties and highlight the advantages and disadvantages of each.
Commercial Property Case Update (33:11 mins)
Mark Hughes and Jessica Ebhomenye
The last few months has been a fruitful period for interesting cases. Mark and Jessica explore the answers to difficult questions such as:
- can a binding contract for the sale of land be created by an exchange of emails?
- can a landlord be forced to accept the surrender of a lease if the tenant enters into a CVA?
- can one acquire land by adverse possession, even though it hasn't even got a fence round it?

Digital Transactions (18:24 mins)
William Cotterhill
The prospect of digital conveyancing is becoming more realistic all the time. Will discusses the implications for you, including the opportunities arising from blockchain and smart contracts, and the risk of increased exposure to fraud.
Tax Considerations in Property Transactions (18:39 mins)
Jonathan Musty
Tax issues that you need to take into account when entering into property transactions change all the time. Jonathan reviews some recent changes in the law including new capital allowances on structures and buildings and the VAT reverse charge on construction bills.
Charities & Leases (20:22 mins)
Laura Chesham
Landlords have been accustomed to having charities as tenants for many years. However, charities are increasingly attracted to property investments as a reliable generator of income when returns on other investments are disappointing. Laura considers what matters which Charities should take into account whether they are entering into leases as the tenant or the landlord.

Hostels, Hospices and Holland (25:45 mins)
Rory Young - Solicitor
Rory looks at some interesting recent cases including the Supreme Court's judgements in the Cavendish Hotel case and the Regency Villas case and the Court of Appeal decision in the Alexander Devine Children's Hospice case.
The New Telecoms Code (22:05 mins)
Barry Richards - Solicitor
Just over a year has passed since the Electronic Communications Code 2017 came into effect. We review some of the key provisions of the new code and discuss whether landowners are being left in a worse position because of the changes.
Tough Times on the High Street (17:43 mins)
Katie Hickman - Partner
In recent months many familiar High Street chains either entered into a CVA, or have gone into administration with Oddbins being the most recent. Katie considers the options open to landlords and tenants when commercial tenants get into financial difficulties.

Planning Ahead (8:12 mins)
David Bird - Partner
Planning law is constantly changing and it can be difficult for all practitioners to keep up with it. Hear David run through some of the more interesting changes brought in by the revised National Planning Policy Framework.
Planning Enforcement - Time Limits & Certificates of Lawfulness (8:57 mins)
Thomas Ewings - Solicitor
Tom discusses planning enforcement, including in particular the time limits for immunity and the practicalities of applying for a certificate of lawfulness.
Changing Values (17:49 mins)
Nick Martindale - Partner
The duties and obligations of valuers in connection with commercial property and the legal obligations which follow on from them can cause considerable concern. Nick, a specialist in professional negligence claims, looks at the recent case of Moore v. National Westminster Bank Plc and discusses some of the other issues currently causing concern to surveyors and valuers.
Barns, Business Centres & Overage (again) (22:44 mins)
Mark Hughes - Partner
Mark talks about some interesting recent cases and new statutory measures which have implications for property owners, investors, developers and their advisers.

Please find below a full set of slides referred to throughout the evening: