Current Property Issues Autumn 2025

KEY SUBJECTS

• CASE LAW UPDATE
• PROPERTY VALUATION:
  • THE RICS CODE OF MEASURING PRACTICE (7TH EDITION) AND
  • DETERMINING VALUE IN THE CHANGING HIGH STREET
• SERVICE CHARGES: ALL CHANGE WITH THE NEW CODE?
• CONFLICT AVOIDANCE AND DISPUTE RESOLUTION – GETTING THINGS RIGHT
• ELECTRIC VEHICLES: HOW THE GROWTH HAS CREATED A NEW REAL ESTATE SUB-MARKET
• BUSINESS RATES – REFORMS, REVALUATION AND RULES

SPEAKERS

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Nick French, Real Estate Valuation Theurgy, Property Education

Derek S Bruce, Academic and Chartered Surveyor, City St George’s, University of London

David Goatman, Partner and Global Head of Energy and Sustainability Services, Knight Frank LLP

Jerry Schurder, Business Rates Policy Lead, Partner, Newmark

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

CASE LAW UPDATE

A practical review of recent commercial property and landlord and tenant cases, which will include:

• Opposing lease renewal – the ‘dos’ and ‘don’ts’ under (f) redevelopment and (g) landlord’s occupation: Spirit Pub Co v Pridewell; MVL v The Leadmill
• Relief from forfeiture:
  • Restoring the landlord to its pre-breach position: Sik v Malik
  • Problems for sub-tenants: Derwent v Signature
• Repudiatory breach of lease by landlord – can it happen, and how? Ramsbury v Ocean View
• Property contracts
  • Pricing for misrepresentation: lessons from Patarkatsishvili v Woodward-Fisher
  • Termination clauses & own breach “clear and entirely unequivocal”: Weston v Henley
• Boundaries: unpicking demarcation agreements: White v Alder
• Adverse possession: the Supreme Court on “reasonable belief” and the need for enclosure: Brown v Ridley; Kirkman v Bradshaw Pub Co
• Modifying restrictive covenants for commercial use: Coven v Hockney

Sarah Thompson Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

PROPERTY VALUATION:

• • THE RICS CODE OF MEASURING PRACTICE (7TH EDITION) AND
  • DETERMINING VALUE IN THE CHANGING HIGH STREET

This talk will look at 2 important areas affecting valuation today:

(1)          The RICS Code of Measuring Practice (7th Edition)

In valuation and, indeed, in all property matters there is a fundamental need for the consistent measurement of space. In this regard, the RICS will be publishing a new Professional Standard in Autumn 2025. This is the Code of Measuring Practice (7th Edition – COMP). In addition to providing more clarity on the measurement criteria for Net Internal Area (NIA), Gross Internal Area (GIA) and Gross External Area (GEA), the revised code will explain the relationship of the UK COMP with the International Property Measurement Standards (IPMS).

(2)          Determining Value in the changing High Street

The impact of covid is still being felt in the UK high street. The catalytic effect of the pandemic has changed the shopping habits of consumers but not in a linear way. There is less need for retail, as online shopping develops and expands, and a greater need (if managed well) for residential and hospitality. This means that the highest and best use of individual properties is changing but the inertia of the planning system is distorting the transition and impacting upon property values.

This talk will look at:

• The importance of consistency and agreement in measurement
• The need to understand the dynamics of the high street and to allow changes that enhance the area (and property values) rather than trying to maintain a now defunct status quo
• Dealing with uncertainty in property pricing in the high street and reporting alternative use values
• The valuation of Food and Beverage (F&B) units – turnover rents?

Nick French, Real Estate Valuation Theurgy, Property Education

SERVICE CHARGES: ALL CHANGE WITH THE NEW CODE?

The 2^nd edition of the Service Charge Code is due out in June this year. What impact will it have, how does it differ from the previous editions and how, in practice, will it work against the background of recent cases?

• The 10 mandatory requirements and 9 core principles – what you need to know
• Management accounts, certificates, fees and ESG and why communication is key
• The impact of lease terms and recent cases: how to manage clients’ expectations
• Dispute resolution following the Supreme Court’s ruling in Sara & Hossein Asset Holdings v Blacks

Sarah Thompson Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

CONFLICT AVOIDANCE AND DISPUTE RESOLUTION – GETTING THINGS RIGHT

In a world troubled by conflicts and disputes, property and the built environment does not escape its fair share of issues. This session will address the following topics:

• Reviewing the revised provisions of the Arbitration Act 2024
• Asking whether Med-Arb has a place to play in property disputes?
• Appraising the roles and duties of dispute resolvers
• Explaining key roles and duties of the expert witness
• Researching the developing position of Artificial Intelligence versus Ethics
• Examining some RICS Professional Standards on disputes

Derek S Bruce, Academic and Chartered Surveyor, City St George’s, University of London

ELECTRIC VEHICLES: HOW THE GROWTH HAS CREATED A NEW REAL ESTATE SUB-MARKET

The dramatic increase in EVs on UK roads over the past 5 years has created a vibrant and expanding real estate sub-market.

Topics to be covered at the conference will include:

• What are rapid EV charging hubs?
• Where are they being built and who are the main market players?
• How are deals structured and what kind of rents and lease terms are achievable?
• Pitfalls for landlords to watch out for when taking forward a rapid charging hub deal
• Where is this market going over the next 2-3 years?

David Goatman, Partner and Global Head of Energy and Sustainability Services, Knight Frank LLP

BUSINESS RATES – REFORMS, REVALUATION AND RULES

Is the Government delivering on its promise to replace business rates with a fairer property tax system?

• Details of the ‘Non-domestic Rating (Multipliers and Private Schools) Act 2025’ – legislation rushed through in Labour’s first months in office
• 2026 revaluation – which sectors and localities will be most affected?
• How will the rates bills be calculated from 2026? New discounts, supplements and relief schemes
• A new General Anti Avoidance Rule – designed to limit empty property rates mitigation schemes
• Further ‘modernisation’ on the way – bringing new administrative burdens for businesses

Jerry Schurder, Business Rates Policy Lead, Partner, Newmark

5.00pm CLOSE OF PROCEEDINGS