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Property

Property

Dilapidations: No claim if no works done

Alan McMillan

A lot of money can be gained (or recouped) by landlords pursuing dilapidations claims. The tenant has much to lose. One question has been on the minds and lips of surveyors for as long as dilapidations claims have been around. Does the landlord have to do the works before the claim can ever be successful? 

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Burness admin

Registered Social Landlords – Do you have the information?

Since around 2015 there have been discussions and consultations around extending Freedom of Information legislation in Scotland to include Registered Social Landlords (RSLs). At the start of February, the Scottish Government published a draft statutory instrument which, if adopted, will mean RSLs will be required to comply with Freedom of Information legislation in Scotland. 

This anticipated change has been announced at a time when Scotland is taking measures to deregulate RSLs including giving them the power to sell homes and land without requiring approval from the Sco

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Burness admin

Community Empowerment - New Rights, New Mindsets, New Thinking?

A few days ago, a community organisation forwarded to me a circular letter issued by the Scottish Government – highlighting the roll-out of further community rights regarding neglected abandoned or detrimental land and (still in train) land for sustainable development.

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Burness admin

Canary Wharf v European Medicines Agency – not so frustrating after all (for the landlord)

The English High Court has today rejected the argument that Brexit allows a tenant to get out of its lease, in a decision which is good news for landlords and arguably for the property industry generally.

The High Court has made its decision in the case of Canary Wharf v European Medicines Agency.  The EMA had its headquarters at Canary Wharf in London.  As an EU agency, the EMA is required to have its headquarters in an EU member state.  Since the UK will stop being a member state after Brexit, the EMA argued that it would be impossible for its lease to continue (and

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Burness admin

Is HMV an old dog that has run out of tricks?

Alison Brunger

When video killed the radio star, who would have thought that before long CDs would triumph over vinyl, downloads would top CDs, and digital streaming would kill off almost all physical music sales entirely?

Possibly not HMV. As the High Street staple announced its second administration in 6 years, citing the “tsunami of challenges facing UK retailers over the past 12 months”, commentators were calling the end for His Master’s Voice.  This old dog had simply run out of tricks to reinvent itself.

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Burness admin

Is the Scottish housing market bucking the Brexit trend?

The announcement at the end of last week of Springfield Properties plc’s acquisition of Walker Group is a great indicator of the strength of the Scottish housing market.

The deal – in which we acted for Springfield – helps strengthen Springfield’s presence in the Central Belt, particularly around Edinburgh.

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Burness admin

The £1 Shopping Mall

Graeme Bradshaw

The auction sale of the Postings Shopping Centre in Kirkcaldy has caught the eye of the media nationally and internationally.  With a reserve price of £1, there had been much speculation over what would happen when the Centre eventually went under the hammer.  Even the One Show got in on the act.

The auction took place this week with the final price reported as being £310,000. 

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Burness admin

Will the gods smile on retail in 2019, or turn their faces from it?

January, named after the Roman god Janus – usually shown with two faces – one looking to the future and one to the past, is traditionally a time for reflection and optimism for what the New Year may bring.

The godly functions attributed to Janus are primarily concerned with transitions, endings and new beginnings, so it is apt in this blog that we reflect on the events of 2018 in the world of retail and leisure and look forward to what 2019 may bring.

So reflecting on 2018, what were the key features?

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Burness admin

Land and Buildings Transaction Tax – New Rates from 25 January 2019

The Scottish Government has approved legislation to make amendments to the Land and Buildings Transaction Tax (“LBTT”) rates which apply to non-residential property transactions, as well as to residential property purchases which are subject to an Additional Dwelling Supplement (“ADS”) charge.

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Burness admin

Rent review disputes: when is the “final decision” final?

Stephen Farrell

Rent reviews are often agreed. They can sometimes end up in arbitration, often dealt with by experienced surveyor-arbitrators. Those arbitrations have a clear framework, governed by the Arbitration (Scotland) Act 2010, which provides rules and procedure. However, sometimes, rent reviews are dealt with by expert determination. Often the experts are the same experienced rent review surveyors who act as arbitrators. But the procedure is very different. 

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Burness admin