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| Commercial Leases 2009 - A Surveyor's Guide
Author: Edward Bannister
ISBN: 9781842194324
Published: Dec 2008
Published by: RICS Books (Item Code: 17641)
Using flowcharts, checklists, selected drafting examples and an overview of the principal terms of commercial leases, the Guide sets out recommended approaches to negotiating lease terms and identifies solutions to a variety of legal issues.
This edition contains two new chapters:
- Energy Efficiency and Certification
- Green Leases
Plus new sections on:
- Indexed rent reviews
- Stamp Duty Land Tax
- Lease or licence? The difference between them
Original content has been fully updated with recent case law developments and new examples to explain key principles, including:
Capital Allowances
Dilapidations
Security of tenure
Broadly following the structure of a typical lease of commercial premises, the book provides clear commentary on the Code for Leasing Business Premises in England and Wales 2007, the RICS Service Charge Code and other relevant guidance. It provides straightforward advice on applying the Codes for surveyors and lawyers alike, illustrated with the latest case law and practical examples.
Updated to reflect current topical issues, Commercial Leases 2009 also includes two new chapters on Energy Efficiency and Certification, and on Green Leases, with expanded coverage of index-linked rent reviews, Stamp Duty Land Tax, and the distinction between leases and licences.
'A very user friendly guide and point of reference, written with the surveyor in mind, that will benefit all us involved with commercial leases.'
Mark Frampton, Director, GVA Grimley Ltd
'Highly recommended for those that wish to be one step ahead in commercial lease negotiations.'
Jeremy Pilgrim MSc MRICS Head of Property Development and Disposals London Borough of Southwark.
Edward Bannister is a solicitor and a partner at Field Fisher Waterhouse LLP. He has over twenty years’ experience acting for leading UK retail chains and stores, and retail and leisure developers and investors. He is a member of the City of London Law Society Land Law Committee, and is on the contributory board for Property Law Journal.
£39.95
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| Domestic Energy Assessor's Handbook
Author: Phil Parnham & Larry Russen
ISBN: 9781842193754
Published: Apr 2008
Published by: RICS Books (Item Code: 17244)
2007 saw the emergence of a brand new job role in the residential property sector: the Domestic Energy Assessor. An Energy Performance Certificate is now required as part of a Home Information Pack whenever a domestic property is constructed, sold or rented out in England and Wales, and this can only be produced by an accredited and suitably qualified Domestic Energy Assessor.
In addition, from 1st October 2008 residential let property will require an Energy Performance Certificate (EPC). It requires that a prospective tenant be provided with an EPC prior to entering into any contract to rent out property.
From October 2008 agents will need to get EPCs for properties that they are marketing to new tenants. The EPC will need to be renewed every 10 years.
The Domestic Energy Assessor's Handbook is designed for a wide range of aspiring and experienced practitioners and will help you to:
- understand the new role of the Domestic Energy Assessor
- identify the best qualification route
- develop core background knowledge
- carry out effective inspections of residential properties
- apply an appropriate energy efficiency rating to all domestic buildings
- provide recommendations for future energy saving.
Whatever your professional background or technical experience, if you want to be an effective Domestic Energy Assessor, then this book is essential reading.
About the authors
Phil Parnham is a Chartered Building Surveyor and Professional Development Director at BlueBox partners. Phil has written a number of other books including Home Inspector's Handbook for RICS Books and Residential Property Appraisal for Spon Press (both with Chris Rispin).
Larry Russen is a Chartered Building Surveyor, NHER plan assessor and Director of Allied Surveyors plc. He is also the author of the online RICS isurv article on Energy Performance Certificates.
' In its specialist field, the Domestic Energy Assessor's Handbook is a clear, concise guide and reference document that assists not only the aspiring assessor, but the more experienced practitioner as well.'
David Tuffin, RICS President 2007-2008
'A detailed and informative text providing a clear and complete analysis of the role of the Domestic Energy Assessor - this book will be a must have for all trainee and accredited DEAs and will be required reading for all our candidates.'
Hilary Grayson, Head of Training and Assessment, SAVA and NHER
£45.00
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| The Housing Act 2004 and Residential Lettings: A Practical Guide
Author: Francis Davey and David Smith
ISBN: 9781842194058
Published: May 2008
Published by: RICS Books (Item Code: 17294)
The Housing Act 2004 has brought about significant changes in business practice for landlords, lettings agents, and their legal advisers. The result has been widespread misinterpretation and confusion about the highly complex rules.
The Housing Act 2004 and Residential Lettings offers a helping hand to guide the practitioner through the Act and its regulations, explaining the practical implications for residential lettings.
Outlining the requirements and procedures under the Act, the authors highlight critical pitfalls, errors and loopholes, and illustrate how these can be avoided, or exploited.
The reader also learns how the Act and its regulations are operating ‘on the ground’, taking account of the operating and enforcement guidance published by Government, and how this is reflected in the procedures implemented by local authorities and decisions made by the tribunals responsible for enforcing the provisions.
This practical and accessible guide contains invaluable advice for lettings agents, property managers, and landlords alike.
Francis Davey is a barrister at 169 Temple Chambers, practising in residential landlord and tenant law. He speaks frequently on subjects concerned with the letting of property and is author of Leasehold Disputes; a Guide to Leasehold Valuation Tribunals (2004), published by the Legal Action Group. Francis has a particular interest in the way the new Residential Property Tribunals handle the responsibilities the Act places on them.
David Smith works for PainSmith Solicitors, a leading specialist practice providing training and legal services to many of the top lettings agents, property investment companies, large estates, other firms of solicitors and private landlords. David focuses on new legislation and how it affects lettings agents. He lectures for private clients as well as regularly speaking for ARLA, the NAEA, and CLT. David is also an Accredited Mediator.
£39.95
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| Landlords' Consents: A Practical Guide
Author: Daniel Kidd and Gabrielle Higgins
ISBN: 9781842194485
Published: Mar 2009
Published by: RICS Books (Item Code: 17745)
The subject of landlords' consents is confusing for many practitioners, and yet most leases contain restrictions on when and how a tenant may assign, sub-let, make alterations or change use. Dealing with these restrictions is a day-to-day part of property management, and therefore a crucial concern for surveyors who must interpret their meaning and either make or respond to applications for consent.
Until now there has been no single source of practical guidance to this area. Landlords' Consents: A Practical Guide fills this gap. The first book to approach the area from the surveyor's perspective, it offers accessible advice for those acting on behalf of both landlords and tenants.
Clear explanations help the reader to understand the meaning of the restrictions, and how to serve and respond to applications including how to act 'reasonably'. The book also explains how to handle costs and when and how to document consents, and recommends legal remedies when things go wrong.
Practical features include:
- Flow charts demonstrating how to approach an application from both the tenant's and the landlord's perspective
- A case-by-case approach to common reasons for refusing consent, with commentary on whether they are 'reasonable'
- Case summaries and examples to illustrate the principles and the pitfalls
- Tables to summarise the different positions for different types of application
- Extracts from legislation so that all the key reference material is to hand
- Checklists and sample letters to help readers put the guidance into practice
Landlords' Consents: A Practical Guide has everything the surveyor needs to approach this area with confidence, and get the best results for their client.
Daniel Kidd is a senior associate in the property litigation group at international law firm Denton Wilde Sapte LLP. He advises landlords, tenants, investors and developers and has acted in a large number of landlord's consent disputes, including the celebrated case Design Progression v Thurloe Properties.
Gabrielle Higgins is a property litigation barrister. She is a member of Maitland Chambers in Lincoln's Inn, and is a recommended specialist in both the Legal 500 and the Chambers UK Guide to the Legal Profession. She is usually instructed on contentious matters, including advising and preparing court documents, as well as acting as advocate in court or before an arbitrator; but she is also sometimes asked to help on non-contentious transactions.
£34.95
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| Anstey's Boundary Disputes and How to Resolve Them, 4th Edition
Author: David Powell
ISBN: 9781842194546
Published: Mar 2009
Published by: RICS Books (Item Code: 17790)
Anstey's Boundary Disputes and How to Resolve Them shows you the obvious, and one or two less obvious, ways of finding out where a boundary is or was. With practical commentary drawn from the authors' own experiences this book covers:
- Deed plans and Land Registry maps;
- general and determined boundaries;
- housing estates and developers' layout plans;
- adverse possession;
- aerial and terrestrial photographs;
- party walls and 'party' walls;
- attached and L-shaped houses;
- streets;
- overhanging and underpinning;
- horizontal boundaries;
- finding the position of the dividing wall; and
- garden walls, fences and hedges.
Updated throughout, this fourth edition also includes new chapters on mediation and adjudication. The authors' even provide useful advice and tips in the event that a dispute ends up in court.
Readable, humorous and full of practical anecdotes, this book is ideal for surveyors, solicitors and planners involved in boundary disputes.
About the authors
John Anstey was one of the country's leading experts on boundary matters, working at his firm, Anstey Horne & Co. This book is one of the best-selling series he wrote on boundary, party walls and rights of light matters for RICS Books.
David Powell is a chartered land surveyor and a member of the Rules Committee for the Land Registration Act 2002. A previous chairman of the Geomatics Faculty of RICS, David has been instructed in over 4,000 boundary and right-of-way dispute matters, appearing in the county and High Courts over 95 times. He is a regular contributor to radio and television programmes, including the BBC's You and Yours, Neighbours at War and GMTV's morning programme.
£27.50
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| Remedying Damp
Author: Ralph Burkinshaw
ISBN: 9781842193051
Published: Jan 2009
Published by:RICS Books (Item Code: 10201)
Remedying Damp provides you with the knowledge and tools to understand how to deal with damp problems in buildings. It offers practical help and advice in tackling the effects of damp and illustrates remedial action you can take. Practical examples, diagrams, case studies and photographs enable you to select the most suitable remedial approach.
Written by one of the authors of Diagnosing Damp (RICS Books, 2003) this book will enable you to:
- employ a useful seven stage process to tackling damp problems;
- access technical advice on the various damp remedies available today;
- assess alternative strategies and damp remedy options with the help of direct illustrated examples;
- understand the implications of the chosen damp remedy option; and
- use checklists and case studies to verify your approach.
Topics covered include:
- flood remediation,
- basement waterproofing,
- plumbing problems,
- wall base damp-proofing,
- rot and woodworm,
- mould and ventilation, and
- monitoring moisture condition.
The main text is supplemented by useful appendices, a glossary and a comprehensive section of references and further reading.
Ralph Burkinshaw FRICS PGCHE is a chartered building surveyor with 30 years’ experience in the property and construction industry. A practising surveyor and building contractor, he has written and researched on dampness in buildings extensively, including the classic textbook for surveyors Diagnosing Damp published in 2003 by RICS Books. He runs seminars on dampness diagnosis and remediation for surveyors and is qualified in remedial treatment surveying (CSRT).
The author has extensive experience in flood remediation, with industry qualifications in applied structural drying and water damage restoration, and is a silver trowel holder for brickwork. Ralph travels throughout the UK diagnosing damp problems and helping to devise their remediation.
£49.95
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| Case in Point - Rights to Light, 1st Edition
Author: Sarah Hannaford QC, Jessica Stephens & Rachael O'Hagan
ISBN: 9781842191538
Published: Oct 2008
Published by: RICS Books (Item Code: 7270)
This highly practical case-based guide brings welcome clarity to the complex area of rights to light - a subject notorious for generating friction between building owners or occupiers. Based on summaries of rights to light cases with commentary by the expert authors, this book makes a difficult area of case law accessible and readily applicable to practical situations by covering:
- Acquisition of rights to light by express or implied grant or reservation, and acquisition by prescription
- Extinguishment of rights to light by agreement, unity of ownership, abandonment, demolition or alteration of the dominant property, or statute
- Infringement of rights to light and the factors determining whether an infringement has occurred
- Consideration of the cause or legal basis of claims, and the claimants and defendants involved
- Available remedies including abatement, declaratory relief, injunction, and damages
- Legislation and commentary regarding interference with rights to light caused by high hedges.
Sarah Hannaford QC was called to the Bar in 1989 and took silk in 2008. Recognised as a leader in the field of construction, engineering and public procurement, she is also a specialist in party walls and rights to light issues.
Jessica Stephens was called to the Bar in 2001 and as well as her mainstream construction work has developed a niche practice in party wall, easement and boundary disputes, including rights to light. Sarah Hannaford and Jessica Stephens co-authored Case in Point: Party Walls in 2004.
Rachael O’Hagan was called to the bar in 2006 and is a graduate of the University of Birmingham. She has spent two years as a Legal Assistant at Keating Chambers prior to commencing pupillage.
The Case in Point series.This is the latest addition to this popular series of concise, practical guides that get straight to the key issues in a refreshingly jargon-free style.
£28.50
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| Town Planning 2009 - A Practical Guide
Author: Alan Gunne - Jones
ISBN: 9781842194317
Published: Apr 2009
Published by: RICS Books (Item Code: 17604)
Put all the pieces of planning law in place ... with this all-in-one guide to the Planning Act 2008. The Planning Act came into force at the end of 2008, marking the culmination of a series of wide-ranging reforms which are dramatically changing the way planners work.
Town Planning 2009: A practical guide is the essential guide to the new planning system. It explains the practical implications of the key areas of change:
- application fees
- permitted development rights
- standard planning applications
- design and access statements
- the new Planning Act 2008.
Thoroughly practical, with checklists, timelines, top tips and sample forms, the book explains:
- how the planning system works
- the legislative framework
- the policy framework
- what is permitted development
- who manages the system
- what developments require permission
- the process of applying for planning permission
- how applications are processed and determined
- how to challenge and appeal against decisions
- the process for dealing with unauthorised developments
- the powers of local planning authorities
- the rights of individuals who are faced with action by the local planning authority.
It also provides guidance on other relevant regulatory regimes, including conservation area consent, listed building consent, advertisement consent, environmental impact assessment and applications for lawful development certificates.
The author also explains the process for dealing with unauthorised developments, the powers of local planning authorities and the rights of individuals who are faced with action by the local planning authority.
Town planning 2009: A practical guide is written for anyone involved in planning at any level, whether in the public or the private sectors. It is also aimed at those who are proposing to become involved in planning. Whatever your professional background or technical experience, this book is essential reading.
£45.00
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| Practical Building Repairs: Small Works Solutions for Surveyors and Builders
Author: Stuart Hill
RICS Books
ISBN: 9781842193778
Item Code: 17266
174 Pages
Paperback
Jul 2008
Practical Building Repairs is an authoritative source of effective solutions for repairs, extensions and alterations of traditional small buildings. If you advise on works to residential or smaller commercial properties, you’ll find a wealth of practical tips and guidance from an expert practitioner in this comprehensive book.
Covering the critical elements of a project - including contracts and tenders, the regulatory framework, health and safety, insurances and other paperwork, Practical Building Repairs recommends tried-and-tested strategies to tackle common defects.
Fully illustrated for quick and easy reference, it features:
- checklists
- worked examples
- typical job costs supplied by BCIS, the leading provider of cost and price information for UK construction and property occupancy.
Whether you are a Building Surveyor looking for ideas, or an APC candidate consolidating your experience, Practical Building Repairs is your ideal companion. Home inspectors, small builders and contractors, and DIY enthusiasts will also benefit from Stuart Hill’s invaluable advice.
Stuart Hill is a practising Chartered Building Surveyor with Calfordseaden LLP, an integrated multi-disciplinary organisation providing a range of professional services to the UK building and construction industry. He has over 25 years’ experience of general practice, building projects management and maintenance for both commercial and residential sectors.
£49.95
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