Virtual Conference – Current Property Issues 2020 – Recorded 12th November

KEY SUBJECTS

  • TOP 10 CORONAVIRUS QUESTIONS SURVEYORS ARE ASKING LAWYERS 
  • PROPERTY VALUATION: UNCERTAINTY AND CHALLENGES 
  • CASE LAW UPDATE
  • THE UK PROPERTY MARKET: SIGNPOSTS AND MARKET DRIVERS
  • BUSINESS RATES – THE 3 RS – RELIEFS, REVALUATIONS AND REFORM
  • FIRE SAFETY IN COMMERCIAL PROPERTY – WHERE DO WE GO POST-GRENFELL?
  • PLANNING: ‘BUILD, BUILD, BUILD!’

SPEAKERS

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

Nick French, Real Estate Valuation Theurgy, Property Education

Jerry Schurder, Head of Business Rates at Gerald Eve LLP

Rebecca Roffe, Partner at CMS UK

Ian Anderson, Senior Director, Lichfields

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

TOP 10 CORONAVIRUS QUESTIONS SURVEYORS ARE ASKING LAWYERS 

  • Is rent still payable during forfeiture suspension?
  • Can a ‘contracted-out’ lease be forfeited for non-payment of rent?
  • What remedies are still available for non-payment of rent; problems with CRAR and sub-tenants
  • Can the landlord forfeit for breach of the alienation covenant?
  • As possession proceedings are stayed, what about squatters?
  • 1954 Act notices – how to sign and serve them
  • Can a tenant still break the lease? Problems with conditions + compliance
  • Terminal dilapidations – practical problems caused by Government coronavirus guidance
  • Keep open covenants – can they be enforced?
  • Landlord’s obligations in multi-let buildings – and who pays the cost?

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

PROPERTY VALUATION: UNCERTAINTY AND CHALLENGES 

The last few months have highlighted the importance of transparency and quality assurance in providing valuations to clients. The effect of the measures to combat covid 19 had an unprecedented impact on the UK property market and, in particular, property valuations. Fortunately, the Red Book (RICS Valuation – Global Standards 2017 and UK National Supplement) proved robust enough to ensure that valuation reports could be appropriate and proportionate even in a market with few or no comparables. This talk will provide guidance on definitions and procedures along with highlighting issues which have taken a back-seat during the lockdown and new-normal.

  • Valuation Uncertainty and Material Uncertainty
  • Market Value vs Worth (Investment Value)
  • Report Writing and the RICS Red Book – Practical implications
  • Comparables and Market Sentiment – a balanced viewpoint
  • Valuation models – long term assumptions in an uncertain world
  • MEES and Commercial Property Values

Nick French, Real Estate Valuation Theurgy, Property Education

CASE LAW UPDATE

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

  • Is the coronavirus suspension of possession proceedings legal? The Court of Appeal in Arkin v Marshall
  • The Debenhams CVA – forfeiture and future rent
  • The Supreme Court on ‘reasonableness’: Sequent v Hautford
  • Waiver – lessons from Faiz v Burnley; Brar v Thirunavukkrasu
  • Service charges ‘conclusive’ certificates? Sarah & Hossein Asset Holdings v Blacks
  • Interpreting rent review and overage clauses: Monsolar v Woden; Yoo v iLiv

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

THE UK PROPERTY MARKET: SIGNPOSTS AND MARKET DRIVERS

2020 has been a unique year in all our lives both personally and professionally. In the property market, the uncertainty of Brexit has been usurped by the more complex uncertainty of a (hopefully) post-covid 19 world. The drivers that impact upon property investment, management and development have all changed and property professionals are being challenged with a new world vision. But is the talk of wholesale changes to society and working practices premature? Will lessons be learnt? Will the property market operate under a new normal or revert to old ways? This talk will look at the possible changes to business, governance, environmental protection and society and the possible scenarios that will flow from the confluence of them all.

  • Covid 19 – Cure, Treatment or Acceptance
  • History Repeats – the new normal
  • The Likely Market
  • Practical Considerations and Market Change
  • Scenarios and Preparation; Property Futures

Nick French, Real Estate Valuation Theurgy, Property Education

BUSINESS RATES – THE 3 RS – RELIEFS, REVALUATIONS AND REFORM 

The turmoil in the world of business rates continues. The Government has brought in previously unimaginable reliefs as a response to Covid-19 and launched yet another fundamental review of the system due to conclude at the Autumn Statement. It has also deferred the planned 2021 revaluation for two years.

  • Covid 19 – how to reduce rates bills – reliefs and rates appeals
  • The 2017 revaluation – still time to appeal – navigating Check Challenge Appeal
  • The 2021 revaluation has been postponed until 2023. What happens to rates bills in the meantime?
  • The Government’s review of business rates – options for reform or replacing the broken tax

Jerry Schurder, Head of Business Rates at Gerald Eve LLP

FIRE SAFETY IN COMMERCIAL PROPERTY – WHERE DO WE GO POST-GRENFELL?

The Grenfell Tower tragedy brought the issue of fire safety to the forefront of everyone’s attention. The devastating events highlighted the need for the Government to more tightly control the construction, operation, management and use of both commercial and residential properties in the UK. This session will cover the fast-moving changes to the legislation, guidance and policy around fire safety for commercial properties, but also provide some key reminders on the overall regulatory environment and the impact of lease drafting on the liability position. The talk will take a practical look at the following key areas:

  • The basic fire safety requirements applying to commercial property, in particular the Fire Safety Order 2005
  • Recent changes to the Building Regulations, the new Fire Safety Bill and other initiatives tightening requirements for landlords and developers
  • The Government’s current and proposed consultations, dealing with potential further changes to the regime
  • Mechanisms to allocate responsibility for fire safety between landlords and tenants and how this impacts on liability should an incident occur
  • Court cases highlighting the continued increase in average fines for any breaches
  • Real-world case studies looking at the particular difficulties in dealing with liability in multi-let or mixed-use buildings

Rebecca Roffe, Partner at CMS UK

PLANNING: ‘BUILD, BUILD, BUILD!’

The Government has unveiled radical changes to the planning system over the summer to ‘build, build, build’  the nation out of the coronavirus crisis, with new regulations giving greater freedom for developers to convert and redevelop vacant and redundant buildings without the need for planning permission. This session will explain:

  • The new approach to ‘in principle’ zoning outlined by the Government
  • The enhanced permitted development  and prior approval regime including those for:
    • flexible uses
    • knock down and rebuild
    • upwards extensions
  • The shake up of the Use Classes Order, including the new Commercial Class ‘E’ and Classes F1 (Learning and non-residential institution) and F2 (Local Community Uses)

Ian Anderson, Senior Director, Lichfields

5.00 pm CLOSE OF PROCEEDINGS

 

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