Section 24 Billboard Campaign Heads North

admin    Uncategorized     agents

Four new Billboards will be erected in the following locations over the next few weeks to promote the campaign against Section 24 and the devastating damage the tax attack on private landlords is having on the availability of UK rental property:-

• Mansfield –

The post Section 24 Billboard Campaign Heads North appeared first on Property118.

View Full Article: Section 24 Billboard Campaign Heads North

High Streets must adapt or die

admin    Uncategorized     agents

Grimsey Review 2

Five years on from its first review of Britain’s high streets, The Grimsey Review 2 has estimated that that around 28,000 retail jobs have gone this year alone, with another 40,000 predicted to go by the end of 2018.

The perfect storm of out-of-town retail, on-line shopping and a polarisation of retail centres is resulting in a crisis on UK high streets. It could result in 100,000 empty shops within ten years and the devastating effects this will have, not just on jobs, but on rent levels for those landlords who own these shops.

The Grimsey Review 2 makes a series of recommendations, chief of which are a re-think by government of the UK business rates system, and a restriction on out-of-town development.

Grimsey and his co-authors say that struggling retailers can no longer be relied upon to prop up ailing town centres and predicts that nearly 70,000 high street jobs will have gone this year.

Bill Grimsey the former Wickes and Iceland chief executive who leads this review says that:

“There is no point clinging to a sentimental vision of the past.

“We have to accept that there is already too much retail space in the UK and that bricks and mortar retailing can no longer be the anchor for thriving high streets and town centres.

“Town centres need to be repopulated as community hubs.�

On an optimistic note, the report says it is still possible to turn things around: it gives Stockton-on-Tees as an example of a regeneration success story, where the stakeholders all worked together to rejuvenate this north-east town.

The report’s emphasis is a move away from pure retail in declining centres, with a focus more on alternatives such as town centre living, including housing, leisure, entertainment, education, arts and commercial office space.

2018 has seen the highest rate of retail store closures since the 2008 recession as bad weather in Q1, and a slow-down in consumer spending on clothing and household goods, hit high streets, when at the same time shopping online is increasing.

Co-author of the report Matthew Hopkinson, a property market analyst, says there are 50,000 empty shops in the UK out of a total of 500,000. His prediction is that this could easily rise from one in 10 to one in 5 empty shops (100,000) within 10 years, if the present trend is to continue.

The Grimsey Review 2 urges The Local Government Association to set-up local town centre commissions, each one tasked with drawing up a 20-year plan. It also recommends the creation of a new national body similar to that of the Scottish Towns Partnership.

Grimsey’s other suggestions include the creation of a commercial landlord register, and giving local authorities the powers to fine owners whose properties are left empty for more than six months. It is also proposed that legislation is needed to allow shops to be converted more readily into homes or community facilities.

Meanwhile, The Housing, Communities and Local Government Committee, which consists of a cross party group of MPs – is set to examine ways to revive ailing high streets, where retailers are increasingly under threat due to financial pressures and the ongoing rise of online shopping.

The committee has invited submissions to an inquiry that will consider what high streets and town centres could look like by 2030, and it said it wanted views on why high streets matter to people and what improvements could be made.

“Our high streets and town centres have an important social, civic and cultural place in our society,� said Clive Betts, the Labour MP who chairs the committee.

“But, many of our high streets are now struggling, facing a range of challenges including the threat posed by online retailers.

“Changing trends and behaviours in recent decades – driven by a range of economic, demographic, social and technological factors – have affected the prosperity and vibrancy of our high streets.�

Head of EMEA Retail Research and Insight at Cushman & Wakefield, Darren Yates, has commented:

“High streets are on the front line of the very rapid structural changes underway within the retail sector as consumer shopping habits evolve and online shopping becomes increasingly important.

“But high streets are also suffering as a result of increased costs such as higher business rates in many areas and the living wage, both of which have impacted on retailers’ bottom lines. A more joined-up policy approach from government would help to support high streets and ensure they remain competitive in today’s retail environment.

“The public want their high streets to be dynamic and exciting meeting places that provide much more than just shopping. Retail has an important role to play in creating vibrant town centres, but retail alone is not enough to sustain the dynamism that a good high street needs.

“There are opportunities, even on some of the country’s most challenged high streets, to diversify beyond the traditional retail offer and explore alternative uses. Leisure operators have filled the gap in some areas, particularly prime locations, but new homes and offices as well as cultural and event spaces also have an important role to play in increasing footfall and maintaining the vibrancy of high streets. It is certainly not too late for the high street.

“The report is right to recognise the important role of local authorities in supporting local high streets, and in leading the regeneration of town centres. There are numerous regeneration schemes underway around the country from Altrincham to Edinburgh and Bracknell to Coventry, that go well beyond traditional retail.

“The government must ensure that local authorities have the powers and resources to take control of their town centres and create exciting destinations that meet the needs of their communities.â€�

Grimsey Review 2, Authors:

Matt Baker

Matt has worked in business, politics, academia and journalism. He is a passionate campaigner for community led regeneration. He specialises in shaping strategic communication plans and has previously worked for a former Cabinet Minister and also at the Centre for Public Policy and Management at Manchester University.

Kim Cassidy

Kim is Professor of Services (Retail) Marketing at Edge Hill University. She is also Academic Director of the National Retail Research Knowledge Exchange Centre (NRRKEC) at Nottingham Business School. Kim is passionate about all activities which maximise the impact of academic research on retailing and has worked closely with the Economic and Social Research Council on this agenda. Her personal research focuses on customer engagement in retail.

Bill Grimsey

Bill is a retired retailer with 45 years active experience. During his career he held senior Director positions at Budgens and Tesco before becoming the Managing Director of Park’n’Shop Ltd, Hong Kong’s leading Supermarket Chain. He was also the CEO of Wickes plc, the Big Food Group (Iceland and Booker) and Focus DIY Ltd. He was author of Sold Out “Who really killed the High Street� (2012). He hold s number of non-executive Director posts and led the publication of the first Grimsey Review “An alternative future for the High Street� in 2013. In 2015 he was awarded an Honorary Doctorate in Business Administration by the University of South West England for his contribution to retailing.

Matthew Hopkinson

Matthew has worked in retail and property data for over 20 years of which he spent nine years establishing The Local Data Company as the ‘go to’ source for what is happening in Britain’s retail places. He has worked extensively with retailers, landlords, investors, local authorities and BIDs for many years.  In 2018 he co-founded DataIntel, a company that advises on data assets implementation, optimisation and monetisation. He is a Visiting Professor at University College London.

Eva Pascoe

Eva pioneered ecommerce in UK, as the first Director for Ecommerce for Arcadia Group and has accumulated 20 years of experience in e-retail technologies. She developed the first fashion web shop for Topshop and created omnichannel formats for the UK and more recently, European fashion chains. In her role as Ecom/Shopify Plus Director at The Retail Practice she supports digital growth of young online fashion brands. Eva also invests in digital fashion start-ups and provides advice on Crowdcube fundraising. She contributes as ecommerce adviser for a number of UK charities and serves as Digital Industry Partner for Middlesex University (London)

Jackie Sadek

Jackie has 30 years’ experience in property development and urban regeneration, specialising in public-private sector partnerships.  She is founder and Chief Executive of UK Regeneration (UKR), developing new models of housing delivery, currently seeking to regenerate a market town and bring forward 1,500 homes on a large scale site in Bedfordshire.  From 2014 to 2016 she was Adviser to Greg Clark, Minister for Cities and then Secretary of State for Communities and Local Government.

Chris Shellard

Chris worked in local government for over 30 years during which time he had senior roles in regeneration, planning and social and economic policy. He was formerly Director of the Regional Centre for Neighbourhood Renewal and regeneration consultant to several local authorities. Most recently he has worked as Development Director for Lee Valley Estates with the responsibility for the delivery of  Hale Village a large mixed use development in North London.

The Grimsey Review 2

The Grimsey Review 1

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – High Streets must adapt or die | LandlordZONE.

View Full Article: High Streets must adapt or die

Slightly complicated termination question?

admin    Uncategorized     agents

Hi, I have a slightly complicated version of the question around terminating a letting agency contact.

We were with one letting agent for a number of years. Although there were issues, they found great tenants and we muddled along.

The post Slightly complicated termination question? appeared first on Property118.

View Full Article: Slightly complicated termination question?

How to nicely vacate tenant out of property with rising damp?

admin    Uncategorized     agents

Hello all, Looking for advice on how to best get my tenant out of my property so I can treat rising damp, paint it and sell it.

My tenant has rented my terraced house in St Helens for the last 5 years now with many ups and downs

The post How to nicely vacate tenant out of property with rising damp? appeared first on Property118.

View Full Article: How to nicely vacate tenant out of property with rising damp?

Flood Re: Have you been affected?

admin    Uncategorized     agents

The Government’s Flood Re scheme promised to help homeowners whose properties were at risk of flooding – but excludes the PRS. Two years on, in an article first published in the RLA’s Residential Property Investor magazine, we are looking at what the impact has been and ask, will it take another disaster to get the […]

The post Flood Re: Have you been affected? appeared first on RLA Campaigns and News Centre.

View Full Article: Flood Re: Have you been affected?

GDPR: New documents live

admin    Uncategorized     agents

Major changes were introduced to data protection rules, known as General Data Protection Regulation (GDPR) on 25th May 2018. Landlords handle personal data, so MUST comply with the new rules, or face legal action potentially leading to fines, or claims by tenants for damages – as must agents. The RLA has already produced an in-depth […]

The post GDPR: New documents live appeared first on RLA Campaigns and News Centre.

View Full Article: GDPR: New documents live

Rent Review, Evidence and GDPR

admin    Uncategorized     agents

Commercial Rent Reviews:

The General Data Protection Regulation (“GDPR�) came into force on 25 May 2018. Law-abiding businesses and organisations are busily checking whether computerised and manual records data/information and mailing lists are compliant, asking people to confirm opt-in. An opportunity for businesses to prune mailing lists, it is also an opportunity for anyone on a mailing list to decide whether to continue to subscribe.

Privacy is a big issue. For those of us not on Facebook, Twitter, Linked-in, etc, that such social media can and probably knows about us, merely because their users having agreed without a care for the consequences to allow the social media platform access to the users’ contacts is not ideal, just something to have to come to terms with.

I have been registered under the Data Protection Act 1998 since November 2000. I respect privacy. In the business world, professional rules and codes of conduct normally require members (including employees and staff) to keep their clients’ affairs confidential. Although doubtless that is observed by lawyers and accountants, for some reason the same cannot be said of surveyors generally.

In the commercial property market, (as in every sector of the property market), all transactions and agreements between landlord and tenant are confidential. Strictly, as I understand, information is disclosable to unconnected persons only with permission of all the ‘parties’ concerned.

I emphasise ‘parties’ because it is the parties whose permission is required, not their advisers. It is not permitted for one party to disclose information without first obtaining permission from the other party/parties. It is not permitted for an adviser to unilaterally decide without authority okay to disclose a confidentiality.

The reason that the same attitude towards confidentiality cannot be said of surveyors generally is not that many haven’t got time for all that nonsense, any more than a certain type of person has any respect for GDPR by thinking themselves above the law, but for the consequences for valuation were confidentiality strictures to be enforced.

I daresay that, quite possibly, the commercial property market in its present form would collapse were it not for the free sharing and unbridled circulation of confidential data/information. We surveyors do not make the market: we simply interpret it for the benefit our clients.

Although valuation is not an exact science, the emphasis on the science, rather than the art (as in confident of something but unable to prove it), means that where the tangible evidence is not within the surveyor’s personal knowledge and experience, it must come from somewhere someone else.

What keeps the market in good shape is that between surveyors is an unwritten implied duty to keep shared data/information confidential. That duty applies not only to data/information where the surveyors themselves are or have been involved, but also data/information via usual behind-the-scenes channels, for example, surveyors imparting and sharing data/information, reciprocal interests.

Where the valuation for capital and rental valuation is based upon evidence, commonly known as “comparable evidenceâ€� – whether or not it would pass the tests of comparability – the availability of the evidence depends upon someone somewhere authorised to disclose or more commonly and most likely breaching a confidence.

It is not compulsory (except by court order) for landlords and/or tenants and/or their respective surveyors to be helpful to one another. Indeed, many landlords and tenants prefer to mind their own business and not become involved. Tenants especially can be reluctant to disclose information about the tenancy in case the data should end up being used against them.

So, although the terminology ‘open market’ means anyone and everyone, in practice it can mean just a few. At rent review (to an extent at lease renewal also), within the meaning of ‘hypothetical willing’ is that the existence of a market is assumed, also it is not necessary to identify who would want the premises only that someone somewhere would. But surveyors and valuers, particularly for capital and mortgage valuations, tend to prefer something more concrete than that.

Investors likewise: as a marketing ploy to attract offers from the inexperienced, the trend in recent years for particulars of (overpriced) propositions is to include a list of recent transactions prices and rents as a means of reassurance.

The generality of data, details of premises to let, leases for assignment and sub-let, press releases, industry media and company reports, rating areas, and so on, are useful as rough guides, but at rent review and lease renewal far more detail is needed.

Where rent review is to open market rent and the valuation based upon evidence, unless the landlord and/or the tenant between them own all the properties that are forever going to be used as the only evidence, inevitably some if not all of the evidence will have to be sourced from others.

The imparting and sharing of information between surveyors respectful of the implied duty of confidentiality enables the data/information to be interpreted for use or not during negotiation; and as evidence to a third party such as an arbitrator, independent expert, or in court.

A difficulty arises when surveyors in receipt of confidential information are obliged or expected to disclose that information to clients, in explanation of how a recommendation has been arrived at and in written reports for rent review and lease renewal.

It is said that a characteristic amongst historians is nosiness. I venture to suggest the same can be said of local traders and small shopkeepers. In my experience, which fortunately is not extensive – I say ‘fortunately’ because in my limited experience one has to have the patience of a saint to listen to all manner of irrelevancies when advising local traders on rent review and business tenancies – wanting to know what everyone else is paying and expecting to be told as a matter of course stretches the bounds of confidentiality.

The difference between being curious and being nosy involves a genuine interest, rather than trying to pry information out, perhaps for gossip or to judge. Nosiness usually involves trying to be privy to something that isn’t really any of the enquirer’s business. To whom the information belongs is a moot point.

Where the information is obtained to serve a particular client, whether the evidence (presupposing the information useful as evidence) would be forthcoming were its source not wanting to help the particular surveyor and/or indirectly the particular client is I should think unlikely. But where the evidence is obtained by the surveyor for the sake of it, or from other matters nothing to do with the client in question, I see no reason why that client should be able to claim ‘ownership’, let alone expect to be provided with full details.

The keeping of old files after completion of an instruction is a matter of law and thereafter data storage space. What surveyors do with the evidence that arises during negotiation is a matter for the surveyors concerned. For my part, I centralise the information on my database: it might never come in handy but if it were to then at least I wouldn’t have to wade through an old file.

At rent review for determination of the rent by an Independent Expert, the parties or their surveyors will normally preface their respective reports with something along the lines of my “neither the whole or any part of this Report or any reference to it may be included in any document or communication in any way other than for the purpose for which it is intended, without my written approval of the form and context in which it may appear.�  Whether that is actually respected depends upon the trustworthiness of the persons involved in the matter.

At rent review arbitration, confidentiality is the law. Per Dolling-Baker v Merrett [1990]:

“as between parties to an arbitration, although the proceedings are consensual and may thus be regarded as wholly voluntary, their very nature is such that there must, in my judgment, be some implied obligation on the parties not to disclose or use for any other purpose any documents prepared for and used in the arbitration, or transcripts of notes of the evidence in the arbitration or the award, save with the consent of the other party, or pursuant to an order of leave of the Court .. ..

“… the fact that a document is used in an arbitration does not confer on it any confidentiality or privilege which can be availed of in subsequent proceedings … But that the obligation exists in some form appears to me to be abundantly apparent. It is not a question of immunity or public interest. It is a question of an implied obligation arising out of the nature of arbitration itself.â€�

At a lease renewal in court, (substantive hearing) it is common for a surveyor expert witness to cite evidence obtained from others.  The rules regarding hearsay evidence have been relaxed. Pro-forma evidence provided by surveyors is notoriously unreliable.

Whether the evidence is investigated and verified for authenticity depends upon the expert’s conscientiousness. If the evidence presented to the court does not also state the reason to the source of the evidence the reason for wanting the evidence or what it would be used for then in the context of confidentiality it could be reasoned a data breach.

Also, assuming the client has the right to see its lawyer’s file, also its surveyor’s file, I should think it necessary for the lawyer and/or surveyor to each inform the client of the need to respect the confidentiality of any evidence. And theoretically if not also in practice for the lawyer and/or surveyor to have gotten permission from the source of the evidence to allow others to see the evidence.

Generally, in court, anyone present and listening becomes privy to confidential data/information. I have yet to read a law report that mentions that the evidence in court has confidentiality clearance.

Between landlord and tenant, whether either or both parties are represented or not, it is not necessary for the rent review clause to be satisfied during negotiation. Landlord and tenant, between themselves or represented, can agree whatever they like.

It is only when the agreement is cited as evidence in connection with another matter that how the agreement was arrived at is scrutinised. No criticism can be levelled at landlords and tenants, represented or not, for the rent they agree. The difficulty for surveyors is in drawing comparison: any bias in assuming the parties would have satisfied the review clause stems from a need to control the direction of the market by steering the evidence in favour of the client.

Where the information has not been released from confidentiality by permission of the parties concerned, it will be interesting to experience whether a breach of GDPR can be used to defeat the admissibility of that evidence.

Michael Lever
The Rent Review Specialist
Established 1975

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Rent Review, Evidence and GDPR | LandlordZONE.

View Full Article: Rent Review, Evidence and GDPR

How to Rent guide updated yet again!

admin    Uncategorized     agents

The recently updated ‘How to Rent’ guide has been updated yet again!

The 9th of July 2018 edition now replaces the 10th of June 2018 edition.

Click Here to download the full document which must be provided by landlords and agents to all new tenants.

The post How to Rent guide updated yet again! appeared first on Property118.

View Full Article: How to Rent guide updated yet again!

Troublesome Tenants in small close?

admin    Uncategorized     agents

We are a small close of residential tenants where elderly and disabled people live. Approximately three months ago a flat in the close was let to a single female.

She moved in almost immediately with a person we suspect is her brother.

The post Troublesome Tenants in small close? appeared first on Property118.

View Full Article: Troublesome Tenants in small close?

New training courses dates added-get 20% off selected courses this July

admin    Uncategorized     agents

Due to popular demand the RLA has added some extra dates to its courses, including Gaining Possession, Landlords Update and Complete Fire Safety. And, when you book this month, many of our courses are 20% off. Learn more about some of our courses below. Gaining Possession course Whether you’re a landlord planning on issuing your […]

The post New training courses dates added-get 20% off selected courses this July appeared first on RLA Campaigns and News Centre.

View Full Article: New training courses dates added-get 20% off selected courses this July