All posts tagged "2026"
Ban on upward-only review; a damage limitation suggestion
(2026-May: Linked) Lawyers like certainty. Don’t we all? Certainly enables us to rely on it. For example, the weather forecast. This is not a certainty, it is a forecast yet many people rely on this scientific prediction as if it is certain it will rain tomorrow even when tomorrow arrives it is dry. My theory […]
Auctions on-line, taking more on trust than in the old days.
(2025-May: LinkedIn) Auctions on-line: a worrying trend: taking more on trust than in the old days. In the old days, not that long ago, auctions were held in rooms: a combination of prospective bidders physically present and telephone bidders. Part of an auctioneer’s job is to get the bidding started and continuing even if imaginary. […]
Testimonials
(2026-May: Linkedin) “I always find Michael’s comments welcome reminders of what a retained agent should be in terms of expertise, knowledge, application and common sense. Even in my world of media assets, possibly even more so, finding the right agent/expert is critical. Sadly, in my world it is often true that landlords are taking advice […]
Ai and the Truth
(2026-May: LinkedIn) Ai? Third parties beware. Expert witnesses also. Association des ressources intermédiaires d’hébergement du Québec (ARIHQ) c. Santé Québec (2026 QCCS 1360): “Arbitrator relied on non-existent legal authorities, strongly suggesting the use of generative AI.” “In an unprecedented move, the Court annulled an arbitral award after finding that the sole arbitrator had implicitly delegated […]
Experience and Expertise
(2026-May: LinkedIn) It is said that surveyors that specialise in rent review have a deeper understanding of business tenancy law than most. So using that knowledge for something other than rent review makes sense. Hence, I specialise in rent review and business tenancy advice. “And business tenancy advice” is a wider field than just rent […]
A solution to the ban on upward-only rent review
(2026-Apr: LinkedIn) The ban on upward-only rent review is on the statute books. The English Devolution and Community Empowerment Act 2026 received Royal Assent on 29 April 2026. Next step in force date. Since the Bill was published on 11 July 2025, I have not encountered any tenant wanting the review basis in a new […]
A prediction
i(2026-April: LinkedIn) have a track record of accurate predictions. it’s easy to get something wrong, but actually I think it’s easier to get it right when you know your subject or market inside out. The entire commercial property market is too big to know inside out, at least I think so, but sectors and segments […]
Academic qualifications
(2026-Apr: LinkedIn >1959 views) Academic qualifications in the property world used to mean something. That the person had made an effort to learn and had proved they’d absorbed by passing an examination. The process continues. Except that there are so many people doing it that somehow it has lost its meaning and instead has become […]
Upward / downward rent review – a new challenge.
(2026-April: LinkedIn) Currently, with an upward-only review and when acting for the tenant, although the open market rent should be agreed or ascertained regardless, it’s more usual to regard that as academic – the rent payable immediately before the review would continue unchanged (unless the lease stipulates otherwise). Academic perhaps but a memorandum akin to […]
Upward / downward rent review will not…
(2026-Apr: LinkedIn >800 views) Upward / downward rent review will not, in my view, be an issue for institutional commercial property investors judicious in buying. Unlike private investors whose time-horizon ranges from personal pension to generational, with rarely any wider responsibility, institutional investor decision-makers are more likely responsible for hundreds/thousands of people whom they are […]
The Renters’ Rights Act 2025
(2026-Apr LinkedIn>1261 views) The Renter’s Rights Act is going to be less of a problem at rent review and more on renewal in commercial property leases where the tenant is permitted to sub-let part for residential use. Less at rent review because generally one assumption for the hypothetical lease is vacant posssession. This is regardless […]
Institutional investors and upward/downward rent review
(2026 Apr: LinkedIn) – Upward / downward rent review will not, in my view, be an issue for institutional commercial property investors judicious in buying. Unlike private investors whose time-horizon ranges from personal pension to generational, with rarely any wider responsibility, institutional investor decision-makers are more likely responsible for hundreds/thousands of people whom they are […]
Statement of Agreed Facts
(2026-Apr: LinkedIn > 615 views) On referral a statement of agreed facts is either a binding contract or it’s not. To be certain it’s not, the statement must say it’s not. Independent experts that phrase their directions as if you have no choice should always be told (politely) to watch their language. The object of […]
Twickenham – 44 King Street
(2026 March) In Twickenham, 44 King Street – next door to TG Jones (ex WH Smith) – my client bought the freehold investment at Allsop auction in April 1984: joint auctioneers, Langley & Taylor, London WC1: a ground floor lock-up shop with part-covered yard, and separate storage (ex-stable) at the back, all on one lease […]
Canvey Island – 45 Furtherwick Road
(2026 March) In Canvey Island, Essex, the two shops 45 and 51 Furtherwick Road pre-date my acting regularly for the landlord since 1976. Both shops are ground floor and first floor ancillary, with rear vehicle access. Furtherwick Road is Canvey’s principal road, the Knightswick Shopping Centre nearby. 51 had been used as sn optician for […]
RICS DRS: Third party inexperience
Feb 2026. Rent review and third party reasons. I act for a freeholder/ landlord whose tenant is a quoted property company. The tenant sub-lets the property to two different occupiers. The rent review in the head-lease between my client and prop co went to arbitration. In my submission to the arbitrator, I advocated that the […]
RICS DRS – the first 50 years
Feb 2026 – The RICS DRS marking 50 years this year is to be congratulated. I have paid tribute direct including. of course, it helps to have a monopoly for appointments in probably every lease of commercial property in England and Wales. It wasn’t always thus. My experience of dispute resolution pre-dates the RICS DRS. […]
Case law: a challenge for lawyers.
(2026 Feb: LinkedIn) At rent review, we surveyors are told that, according to case law, arbitration awards are not admissible evidence because it depends upon the evidence presented to the arbitrator. However, something that (sort of*) makes sense to surveyors doesn’t apply to lawyers. Whenever one obtains a lawyer’s advice or opinion, invariably it will […]
Commercial property a safe bet?
(2026 Feb: LinkedIn). Property owes its reputation as a long-term hedge against inflation to its potential for rental and capital growth. But for commercial property it is, in my opinion, a reputation well past its shelf-life. A consequence of what is known as yield compression, the attraction of commercial property as a safe bet has […]