17 minute read
Patron News
It’s been an incredibly challenging summer, both personally and professionally,
for everyone in Kingston (and the rest of the World!).
Thankfully, with considerable hard work, the last few months have seen a gradual resumption to an environment that is resembling some degree of normality.
We always strive to make the visitor experience to Riverside Walk as welcoming, safe and entertaining as possible. We are very pleased to announce the next stage of improvements planned for our site, one of the highlights is the recently purchased wide beam narrowboat which will be used as a flexible space for the Kingston community. Creatively, this can provide an eclectic range of events from the roof, such as hosting live music, drama, comedy and spoken word. We are considering a range of uses for the inside of the boat, from a pop-up coffee shop, to ice cream bar or a Yoga/Pilates studio for example.
The intention is to fit out the boat over the winter months so it will be ready for use next summer. As with any new boat launch, we will be running a competition for the chance to come up with a name for the boat, (am afraid the wonderful entry for David Attenboroughs boat naming competition, Boaty McBoatface, will not be accepted this time either) so keep an eye out on our social media pages for updates and start getting your creative spirit inspired.
Our aim is to continually invest in Kingston and to constantly improve the experiences on offer. With that ambition, we hope to announce shortly an onsite, public realm art installation from a world renowned contemporary artist.
This period has made us realise even more how much we desperately miss our friends at the Rose, Banquet Records and IYAF among others. We hope the Creative Arts in Kingston can get back to what they do best soon.
Finally, we would like to say a big thank you to all residents and businesses who have helped support us through the lockdown. We are really looking forward to delivering these exciting new projects and to help reinforce what a great town we live in.
Instagram: Riverside_walk Facebook: Riverside Walk
Website: https://www. riversidewalkkingston.co.uk/
May you live in interesting times
The old Chinese curse, “May you live in interesting times” seems very apt for the strange world in which we now live. With rules and restrictions constantly changing, it’s hard to find firm ground on which to plan.
Pearson Hards has not been immune to the trials and tribulations. We went through a period where most of the staff were on furlough or working from home but we are back operating on full speed, albeit with fewer visitors to the office, so social distancing can be observed. So what then does the legal world look like at the moment?
Making technology work for you
Lawyers are not best known for being at the fore front of technological advance. Much Court work is now being dealt with digitally and hearings are taking place by telephone or video call. Some cases do need a physical hearing to be deal with sensitive matters and these are still possible. Family law partner, Emma Rothstein and colleague Claudene Howell, and our civil litigation partner, Claire Darby are all able to meet with clients either face to face or digitally, so please get in touch if you need advice or assistance. There has been a slowdown in civil litigation during lockdown but this may well change. The courts imposed a moratorium on all residential landlord and tenant matters to reduce the workload in courts and also to protect tenants from possible eviction when the opportunities for rehousing were limited. A hold was also placed on commercial forfeiture and rent recovery actions. The moratorium has just been extended to 20 September. This area of law is technically complex so please contact Partner Claire Darby to help you navigate through any residential and commercial issues.
Housing and commercial sector update
Surprisingly the local housing market is very buoyant. This is partly a catch up for the months in lockdown, but also a lot of new activity. The concessions on Stamp Duty Land Tax is an obvious factor. Until 31 March 2021, the threshold for SDLT is raised to £500,000, with tax being paid on the balance of price above that figure on a sliding scale. Savings can be significant and so it is a good time to buy. Please contact conveyancing partners Hatice Mustafa and Jonathan Throp to discuss your plans. The commercial property sector is also showing some signs of life. Some businesses are being forced to sell or move to smaller accommodation. Difficulties for some do create opportunities for others and we are seeing clients looking to auctions and elsewhere for investment prospects. As these situations crop up, seek advice at an early stage to avoid problems becoming more complex later. Partners David Hards and Donald Morrison are able to assist across a wide range of issues.
Being prepared for the future
The loss of a loved one is distressing and challenging at the best of times and we have seen an increase in the number of probate cases. We have an experienced and sympathetic team able to guide and advise people through this difficult period. Please contact partner Ian Lipscombe if you would like to discuss any issues that you may have. Sadly, a majority of adults in this country still do not have wills. There really is no excuse not to have a will when one considers the difficulties and unhappiness that can arise if someone dies without having made one. If you are considering making a will please contact Serena Welch who can meet with clients by video call, face to face at the office or at clients’ homes, for those who are less restricted.
For Pearson Hards, these interesting times continue to throw up new challenges but we are adopting new processes to be able to serve the people of New Malden going forward. Please call us if you need help or advice on any legal issue on 020 8949 9500 or visit our website at
www.pearsonhards.co.uk.
patron news Assistant Principal - Higher Education and Business Development appointed at South Thames Colleges Group
South Thames Colleges Group are delighted to welcome Stella RaphaelReeves as Assistant Principal - HE and Business Development. Stella joins with a wealth of experience in the HE in FE sector working previously at Croydon College as Dean of HE and Creative Industries. She says:
“I am very excited about starting a new job at a wonderful College group, where I can bring my skills to bear in these challenging times, by and individuals so that we offer correct training for your specific requirements. We work closely with SMEs, large employers, local authorities, and the public and charity sectors.
“As an experienced senior manager working in the Further Education (FE) and Higher Education (HE) in the FE sector I have finally found my niche and ideal role. A culmination of all my experiences and a perfect fit for my charismatic nature and passion for FE and Education. These unprecedented times allow me to do what I feel I do best, to facilitate, motivate and drive cultural change, to engage with employers, to drive employability and to offer a portfolio
listening and supporting businesses of educational courses to reskill, upskill and support all to progress into new employment or Higher Education thus supporting to boost the economy.
“As with most FE managers, I am used to working under tight budgets and ever changing conditions of funding and guidance by awarding bodies and used to having to adapt in a fast and responsive manner, cascade information and new visions to my teams, motivate, enthuse and continue to push forward.”
IQ in IT introduces innovative phone
APP for flexible communications for a blended work environment
At the start of lockdown, we were focused on getting our clients’ businesses set up to work securely and seamlessly from home. As lockdown starts to ease, some companies are returning to offices, so the needs of our clients are changing quickly. Businesses are moving to a blended working environment; some employees in the office, some at home, or a combination of both.
Company phone systems now need to cope with all possible blended work set ups and be able to adapt to last-minute changes that might need to happen if an employee must quarantine, for example, or in the event of a further lockdown. Phone systems need to be robust enough to cope with different scenarios at the touch of a button to make sure businesses can stay in touch with their customers, partners and colleagues, wherever and however they are working. We have been busy changing phone systems to allow unlimited extensions and provide APP support mobile phones as well as using headsets with computers. This helps our clients to save on hardware costs for each employee to have both desk and home-based phones. IQ in IT Technical Director, Luke Whitlock says: “The new APP is a game changer for businesses operating in the new work environment. It is a flexible solution, that is both secure and affordable for our clients. Companies can use mobile, website, home and office lines all through the APP but are only charged for the one extension. It has click to call functionality, plus great features like calendar and availability synchronisation to help automate processes even when working remotely. Great technology doesn’t have to cost the earth.”
If you’d like to find out how to integrate your work phone systems, please get in touch with our communication specialist Blake Edwards, blake.
edwards@iqinit.uk
Lockdown Exit IT and HR Package Launch IQ in IT have launched a new package for post lockdown continuity planning, aimed at companies wanting practical help with an effective and secure return to work. This new offering combines IT and HR to help get you out of lockdown and back in business.
The IT options offers everything from a review of work from home security and set up, communication tools for remote, office and blended working, phone systems and disaster recovery management. HR support can include risk assessments, social distancing measures, flexible working arrangements and contractual issues. There are different package options available depending on need and budget. HR support is offered in partnership with Harley HR with the aim to make one affordable package at a discounted rate. • To find out more about this please contact: katerina.damcova@iqinit.uk or visit:
https://iqinit.uk/hr_it_exit_strategy/
Patron member, Holland Hahn & Wills, are proud to celebrate their 30th anniversary
this year, and are pleased that business continues to grow despite the current pandemic restrictions.
The work to refurbish No. 4 High St continues to make excellent progress, and HHW hope to be able to celebrate their 30th anniversary in the new office in due course, guidelines permitting. During lockdown, HHW held a couple of educational webinars on financial planning and investments, with more in the series planned for the autumn.
The financial planning firm has also recently published a whitepaper on the psychology of retirement and a guide to organising your financial affairs. For more information on downloading these guides, plus details on future events, visit www.hhw-uk.com/contact.
HHW will also be taking part in the CISI’s financial planning week from 5-11th October, an annual event to promote financial awareness.
Chris Hirsch, HH&W Managing Partner, inspects the progress of the refurbishment.
patron news News from SUMMERS INMAN
Procure Partnerships Framework
Summers Inman are delighted to finally announce that as of September 2020, we have been appointed to form part of a major public-sector supplier agreement, known as the Procure Partnerships Framework. This means that our 7 offices across the UK will be able to provide Quantity Surveying, Building Surveying, Project Management and Principal Designer (Health & Safety) services to a growing number of businesses via this framework.
Summers Inman were assessed against several selection criteria. Social impact was a significant factor in the process, which we value greatly. “We are absolutely delighted at this result in what is a great step forward for the company. It is a fantastic result across all geographic regions for which we submitted our proposals, which illustrates the national capability and capacity of Summers-Inman in the construction and property consultancy sector.”
Kingston University
Despite Covid-19 causing major disruption to the education sector, Summers Inman and Kingston University have continued to work together on a Drones equipped with cutting-edge 5G technology could be used to provide emergency teams with reliable communications networks in disaster zones as part of a new system being co-developed by Kingston University experts. The Distributed Autonomous and Resilient Emergency Management System (DARE) project involves researchers from Kingston working in collaboration with teams from the University of Surrey, the University of Glasgow and the University of Malaya. The director of Kingston University’s Digital Information Research Centre, Professor Christos Politis, said the idea for the project came about when he was looking into whether an emergency system could use smart technology to establish reliable connectivity using 5G networks in affected number of projects, focusing on the improvement of the student’s experience whilst at university. The latest project has involved the extension and refurbishment of the Faith and Spirituality space at the universities’ Kingston Hill campus.
We provided a team of Project Managers and Quantity surveyors to lead the refurbishment facility, which will contain spaces for prayer, worship, meditation, reflection, meetings and discussion, as well as religious washing rooms and office space.
Together for Short Lives charity
We are proud to launch a fantastic new charity partnership with Together for Short Lives, which commenced earlier on in 2020. The charity offers hospice and community care to families who are facing the heartbreaking experience of caring for a seriously ill child.
Ian Griffiths, Director, said, “Summers-Inman are proud to be supporting Together for Short Lives in our Centenary year. We take our responsibility to help local and national causes very seriously and are excited to help support families and young people giving them precious quality time together.” areas. “We wanted to test whether we could harness 5G to create mobile networks that could be deployed in places like Malaysia after the tsunami,” he said. “Wherever there is a disaster or contamination of an area that makes human access difficult, the system could potentially be deployed.” Due to Covid-19, many fundraising events cancelled so when ‘Children’s Hospice Week’ came around, we wanted to do our bit to contribute. Director Alex Lodge and Business Development Coordinator Hannah Grue completed ‘socially distanced’ challenges. Alex cycled 100KM on his bike, while Hannah took 100K steps – both within a working week. Collectively, they raised just shy of £700.
We hope that soon we can return to safely run some of the events planned, and will be sure to
Kingston University experts play leading role in project to develop 5G drone system to establish vital
communications in disaster zones
advertise and invite the Borough to join in support! With the globe currently battling the outbreak of Covid-19, the potential for technologies such as these to make a difference during similar public health emergencies in the future could also be explored.
How are tenants responding to the lockdown and adjusting to the new normal?
The impact of the Covid-19 pandemic has cut deep for many businesses.
Roger Ford
real estate partner
Although the lockdown has been gradually lifted and most businesses that had to close have now been allowed to re-open, many are still hurting. Ongoing travel restrictions limiting the flow of customers and having a serious dent on tourist numbers, and many workers still working from home are affecting sales. Sectors such as retail, leisure and hospitality continue to face severe pressure.
Not surprisingly the result is that many tenants are finding it difficult to pay the rent. During the peak of the lockdown, tenants struggling with cashflow and unable to pay their March and June quarter rents were able to negotiate temporary deals with their landlords. Rent suspensions, reductions and deferrals were common as many landlords made a pragmatic decision to help their tenants manage cashflow so they could keep trading.
These temporary concessions are increasingly rare, but as businesses continue to face cashflow pressure, what can tenants do to help themselves adjust to the “new norm”?
There is hope. We have seen a number of options taken by our tenant clients when they negotiate new leases (or vary existing leases) in the current climate.
Varying terms
For some years there has been a growing trend to shorten the length of commercial leases. The lockdown is speeding up this process.
The age of the 15 to 20 year lease term with upwards only rent reviews every five years seems to be over - these are increasingly rare.
Most tenants just won’t make such a long-term commitment. As a tenant you should be negotiating for shorter lease terms, more flexible and frequent tenant break options, monthly rather than quarterly payment dates and even upwards/downwards rent reviews. These are becoming the standard requirement for tenants when negotiating terms for a new lease.
Lockdown clauses
It seemed extremely tough on many tenants that they had to shut down their businesses and cut off their income, but continue to pay the rent. An initial thought for many was whether there was anything in their leases providing for either a unilateral termination or a rent suspension in such extreme circumstances. This was a question we were asked by a number of clients, and the answer was always no.
As a tenant you generally have a very weak argument to claim that your lease has been frustrated as a result of the lockdown. Rent suspension clauses in virtually all leases apply only where there has been physical damage to the premises. Leases just had not been drafted to take into account the recent crisis. The result was tenants left liable to pay rents for commercial premises they could not use. We’re increasingly seeing tenants inserting a lockdown rent suspension clause into their leases. This will provide that the rent will either be suspended (or at least reduced) in the event that Covid-19 prevents the tenant from trading at their premises. Some clauses go even further, and apply to any future pandemics; they do not just cover rent suspension, but also a relaxation of any covenants in the lease a tenant may not be able to comply with in such circumstance, such as complying with repairing obligations.
Landlords are understandably reluctant to agree to such clauses, especially where the rent suspension will not be covered by their insurance policy (which is rarely the case in the current insurance market). It is therefore a point for commercial negotiation between the parties whether these clauses can be agreed.
Turnover rents
A more practical solution is the introduction of turnover rents. A turnover lease is a lease where the rent payable is calculated either wholly or partly on the actual turnover achieved by the tenant’s business operated at the premises. These have been used for some time in the retail and leisure sectors so they are tried and tested.
The financial pressures tenants are facing have increasingly seen them look to move away from a fixed base rent. Instead, many are trying to negotiate a reduced base rent topped-up with a turnover rent (or in some situations, no base rent and the rent entirely dependent on turnover).
Turnover agreements are becoming more common in the current market to allow the rent due under a lease to reflect the success (or failure) of the tenant’s business.
The downsides for landlords are the uncertain rental income flow and the increased work in monitoring the tenant’s turnover and agreeing the calculations. Somewhat encouragingly, we see many landlords coming to terms with these requests and looking at ways to help tenants ride out this crisis, and keep properties tenanted and income producing.
So the future for commercial tenants may be still be very uncertain, but there are options available to help ease the pain.
For answers to health and safety queries about your employees’ return to work please contact the author Roger Ford
