The Student Room Group

Councils to seize empty high street shops to put them back to use.

https://www.independent.co.uk/news/uk/politics/labour-town-halls-empty-shops-b1806888.html

"Town halls would be able to seize empty shops and bring them back into use, under Labour plans to revive decaying high streets."

Could be on to a winner.🤔
With Labour on this.

I'm not a fan of making it easier to convert retail into housing, and I don't see why councils shouldn't be able to utilize empty premises for the good of the community.

Highstreets are important societally, not just economically - I don't want to see more areas full of houses but with no amenities or the like.
Absolutely awful idea. It completely fails to combat the reason that shops lie empty. For a start it is state sponsored property seizure which I completely oppose as it undermines what it means to own a freehold. I'm not a fan of the current system of compulsory purchase orders either.

However the real reason that high streets are suffering is due to the high business rates charges which are typically about 50% of rental value on the open market, not rent paid. It is known as rateable value (RV) which is typically assessed every 5 years. As you can imagine rent can fluctuate a lot in that time due to market conditions but rates will remain incredibly high regardless. So if you were assessed in a particularly good point for the market your RV will remain high regardless of actual trading conditions.

So post pandemic high street occupiers will be paying 2017 rates valuations even though the market has been completely ****ed and the next revaluation has been postponed to 2023.

Furthermore shops have a far higher RV per m2 than say a warehouse as they are more desirable. This puts traditional shops at a huge disadvantage to online retail which does not require a physical shop front.

The current business rates system is what is killing the high street not reluctant landlords. Landlords what tenants because otherwise their property is a cost rather than income. But tenants aren't willing to take the burden of rates which can see them making no profit at all. While there are exemptions, breaks and payment holidays the fundamental problem is that the system is flawed.

In order to revitalise the high street business rates needs to be completely reformed and a new fairer system put in place that encourages physical shops not punishes them.
You know it's a good plan when it starts with seizing things from their owners.
Original post by fallen_acorns
I don't see why councils shouldn't be able to utilize empty premises for the good of the community.

The fact that it's not their premises? You don't think that should matter at all?

So if you went away for a week, came 'home' and found it had been repurposed and there was a bill waiting for you, you'd be cool with it?
Original post by StriderHort
The fact that it's not their premises? You don't think that should matter at all?

So if you went away for a week, came 'home' and found it had been repurposed and there was a bill waiting for you, you'd be cool with it?

I think the difference there is that my home is owned by me, an individual, presumably for my residence.

Most high-street shops are owned by property investment companies, oversees investors, international banks, real estate investment trusts etc. etc. Not individuals. I personally see quite a large moral distinction between taking action against an individual and a business/consortium of the very wealthy.

In this case, the value of commercial property is strongly linked to how much you can rent it for and how much other comparable properties in the same area are rented for. Lowering the rents is effectively lowering the value of your asset, so you get many firms that are willing to sit on empty property for a few years, waiting for the rent they want, to keep up the value of their asset rather than lower the rent and accept what the potential new business can afford/are offering.

I don't have any moral objection to governments intervening in markets when its for the benefit of the consumer, and in this case as far as I can see the intervention will be to the detriment of the property owners (the rich) and to the benefit of the high-street users (the poorer)

Saying to the landlords, adjust your rent to a level where business owners can actually afford to take on your property, or we will take action - is a good thing for me.
Original post by DiddyDec
Absolutely awful idea. It completely fails to combat the reason that shops lie empty. For a start it is state sponsored property seizure which I completely oppose as it undermines what it means to own a freehold. I'm not a fan of the current system of compulsory purchase orders either.

However the real reason that high streets are suffering is due to the high business rates charges which are typically about 50% of rental value on the open market, not rent paid. It is known as rateable value (RV) which is typically assessed every 5 years. As you can imagine rent can fluctuate a lot in that time due to market conditions but rates will remain incredibly high regardless. So if you were assessed in a particularly good point for the market your RV will remain high regardless of actual trading conditions.

So post pandemic high street occupiers will be paying 2017 rates valuations even though the market has been completely ****ed and the next revaluation has been postponed to 2023.

Furthermore shops have a far higher RV per m2 than say a warehouse as they are more desirable. This puts traditional shops at a huge disadvantage to online retail which does not require a physical shop front.

The current business rates system is what is killing the high street not reluctant landlords. Landlords what tenants because otherwise their property is a cost rather than income. But tenants aren't willing to take the burden of rates which can see them making no profit at all. While there are exemptions, breaks and payment holidays the fundamental problem is that the system is flawed.

In order to revitalise the high street business rates needs to be completely reformed and a new fairer system put in place that encourages physical shops not punishes them.

We're probably not going to agree on the nature of the thread - but I'm 100% in agreement with your argument about rates. They really need radical reform.
Original post by fallen_acorns
I think the difference there is that my home is owned by me, an individual, presumably for my residence.

Most high-street shops are owned by property investment companies, oversees investors, international banks, real estate investment trusts etc. etc. Not individuals. I personally see quite a large moral distinction between taking action against an individual and a business/consortium of the very wealthy.

In this case, the value of commercial property is strongly linked to how much you can rent it for and how much other comparable properties in the same area are rented for. Lowering the rents is effectively lowering the value of your asset, so you get many firms that are willing to sit on empty property for a few years, waiting for the rent they want, to keep up the value of their asset rather than lower the rent and accept what the potential new business can afford/are offering.

I don't have any moral objection to governments intervening in markets when its for the benefit of the consumer, and in this case as far as I can see the intervention will be to the detriment of the property owners (the rich) and to the benefit of the high-street users (the poorer)

Saying to the landlords, adjust your rent to a level where business owners can actually afford to take on your property, or we will take action - is a good thing for me.

Tbh I feel it's too easy just to dismiss people and groups as rich so it's ok to take their things. No matter how big or powerful a group gets it's still individuals. Who decides where these lines are? Is the person with £999,999 allowed to take from the person with £1 million? Is the person with nothing allowed to take from anyone?

I get that the current system isn't working, and i'm all for pressuring landlords, but i'm against blasé appropriation of things that don't belong to you. If someone has bought a building I believe that within reason they should be able to do what they want with it, and that includes nothing.
Original post by StriderHort
Tbh I feel it's too easy just to dismiss people and groups as rich so it's ok to take their things. No matter how big or powerful a group gets it's still individuals. Who decides where these lines are? Is the person with £999,999 allowed to take from the person with £1 million? Is the person with nothing allowed to take from anyone?

I get that the current system isn't working, and i'm all for pressuring landlords, but i'm against blasé appropriation of things that don't belong to you. If someone has bought a building I believe that within reason they should be able to do what they want with it, and that includes nothing.

I get where your coming from, and I can see that its very logical. I think in this case its just a fundamental ideological difference that separates us. Your either OK with the state intervening in private property/affairs or your not, building from each side you'll get a very different outlook, but the core difference is just one of ideology.

I think there is probably a politically acceptable middle ground that would make both sides happy in some manner of market intervention/regulation that attempted to shift the Ballance towards making it less profitable for landlords to sit on empty properties upposed to taking lower rents, instead of just outright taking over properties (which while I personally have less of a problem with, clearly a lot of people will). E.g. increasing the costs of maintaining an empty property further to make it less profitable than renting them.
Original post by fallen_acorns
I think the difference there is that my home is owned by me, an individual, presumably for my residence.

Most high-street shops are owned by property investment companies, oversees investors, international banks, real estate investment trusts etc. etc. Not individuals. I personally see quite a large moral distinction between taking action against an individual and a business/consortium of the very wealthy.

In this case, the value of commercial property is strongly linked to how much you can rent it for and how much other comparable properties in the same area are rented for. Lowering the rents is effectively lowering the value of your asset, so you get many firms that are willing to sit on empty property for a few years, waiting for the rent they want, to keep up the value of their asset rather than lower the rent and accept what the potential new business can afford/are offering.

I don't have any moral objection to governments intervening in markets when its for the benefit of the consumer, and in this case as far as I can see the intervention will be to the detriment of the property owners (the rich) and to the benefit of the high-street users (the poorer)

Saying to the landlords, adjust your rent to a level where business owners can actually afford to take on your property, or we will take action - is a good thing for me.

You would be surprised by just how many shops and commercial premises are in fact owned by individuals set up as limited companies for tax and liability reasons. This is especially true in towns rather than cities and it is towns that are really struggling. Even with the so called seizure the owners would still need to be fairly compensated for the loss of the asset. If they were not you would see a lot of companies and individuals selling their assets and moving their money elsewhere effectively forcing closure of the high street anyway.

You don't get many landlords that will purposely leave properties empty because they are then liable for the rates which as discussed above are generally pretty high. There are rates mitigation schemes to reduce the overall bill but they still cost money so empty shops are nearly always creating loss. It is better to have someone than empty.

What doesn't seem to be discussed in this proposal is the cost to councils and therefore tax payers in order to seize the properties and manage them while they are empty. They suggest recouping costs but not who they will attempt to recoup from, if it is the former landlord then there are serious legal questions to ask as to how a former owner is responsible for the costs. If it is the new tenant then I can't imagine many tenants will want to take on a huge bill moving into a new premises when they will likely have their own fit out costs in the first place. Not when they go to a different landlord that isn't the council and not have these additional costs.

The whole idea is incredibly ill conceived.

Original post by fallen_acorns
I get where your coming from, and I can see that its very logical. I think in this case its just a fundamental ideological difference that separates us. Your either OK with the state intervening in private property/affairs or your not, building from each side you'll get a very different outlook, but the core difference is just one of ideology.

I think there is probably a politically acceptable middle ground that would make both sides happy in some manner of market intervention/regulation that attempted to shift the Ballance towards making it less profitable for landlords to sit on empty properties upposed to taking lower rents, instead of just outright taking over properties (which while I personally have less of a problem with, clearly a lot of people will). E.g. increasing the costs of maintaining an empty property further to make it less profitable than renting them.

I'm really not sure where you have got this idea from that landlords want to sit on empty properties. That is not the reality of property ownership whether that be commercial or residential. Landlords are liable for all costs when the property is empty, insurance, maintenance, utilities, rates, etc.

It isn't profitable to have an empty property because it generates no income therefore no profit.
Original post by DiddyDec
I'm really not sure where you have got this idea from that landlords want to sit on empty properties. That is not the reality of property ownership whether that be commercial or residential. Landlords are liable for all costs when the property is empty, insurance, maintenance, utilities, rates, etc.

It isn't profitable to have an empty property because it generates no income therefore no profit.

Private individuals own just 7.5% of high-street properties. Going up to around 13% if you include all types of owner occupiers. The rest are generally big businesses, the government, churches, investment firms local and domestic, etc.


The argument that is used to explain why landlords keep properties empty, goes like this:

Landlords have a choice when faced with an empty premise, they can either lower the rent to a sufficient degree, subsequently lowering the value of their property and portfolio, which in the case of many big investors will be multiple properties in the same area.

Or they can absorb the cost of keeping the business empty for a year or two, while waiting for a client who will pay the higher rate.

Commercial leases are generally for a lot longer than private leases, 15, 20 years etc. Its very much in the interest of many landlords to pay the costs of keeping it empty for a short while, if they get much bigger long-term return of securing a long-term contract at the level of rent they want, and through that keeping the value of the property at the level it is at.

Hence it makes perfect business sense in the current market to not panic when a shop is empty and adjust the rates down, but to wait and hold out, at least for a while, to secure the deal they want. Only if its absolutely not possible to find someone who will pay their rents, will they consider lowering it.

That's all fine from a landlord perspective. 2 years is nothing compared to the long lease before and after, and keeping the value high. But for the community, an empty shop for 2 years feels much more significant.

---

An interesting side to this, is that when they studied closed properties in London, they found that closures were not linked to economic depravity as we would expect. There was little to no correlation between economic depravity and closures - which to me supports the idea that its not a simple rent supply/demand issue. The same london paper concluded that there was no shortage of businesses looking for premises, but just a clear mismatch between the type of situation that would work for business owners and for landlords.
Original post by fallen_acorns
Private individuals own just 7.5% of high-street properties. Going up to around 13% if you include all types of owner occupiers. The rest are generally big businesses, the government, churches, investment firms local and domestic, etc.


The argument that is used to explain why landlords keep properties empty, goes like this:

Landlords have a choice when faced with an empty premise, they can either lower the rent to a sufficient degree, subsequently lowering the value of their property and portfolio, which in the case of many big investors will be multiple properties in the same area.

Or they can absorb the cost of keeping the business empty for a year or two, while waiting for a client who will pay the higher rate.

Commercial leases are generally for a lot longer than private leases, 15, 20 years etc. Its very much in the interest of many landlords to pay the costs of keeping it empty for a short while, if they get much bigger long-term return of securing a long-term contract at the level of rent they want, and through that keeping the value of the property at the level it is at.

Hence it makes perfect business sense in the current market to not panic when a shop is empty and adjust the rates down, but to wait and hold out, at least for a while, to secure the deal they want. Only if its absolutely not possible to find someone who will pay their rents, will they consider lowering it.

That's all fine from a landlord perspective. 2 years is nothing compared to the long lease before and after, and keeping the value high. But for the community, an empty shop for 2 years feels much more significant.

---

An interesting side to this, is that when they studied closed properties in London, they found that closures were not linked to economic depravity as we would expect. There was little to no correlation between economic depravity and closures - which to me supports the idea that its not a simple rent supply/demand issue. The same london paper concluded that there was no shortage of businesses looking for premises, but just a clear mismatch between the type of situation that would work for business owners and for landlords.

In all the portfolios I have managed never have the landlords said let's hold onto to an empty property.

Retail leases are on average about 6 years so holding onto a property for 2 years doesn't make any sense financially.

London is not representative of the rest of the country, they have a property bubble.
Original post by DiddyDec
In all the portfolios I have managed never have the landlords said let's hold onto to an empty property.

Retail leases are on average about 6 years so holding onto a property for 2 years doesn't make any sense financially.

London is not representative of the rest of the country, they have a property bubble.

(This ended up longer than I intended. The two bits I've put in bold are the key summery if you want to skip the rest.)


6 years - that's a good counter to be sure, and it would seem like the articles I've been reading exaggerate a bit. The 6 year figure isn't entirely helpful as its for comercial leases in general, whereas the subject of this thread is the highstreet. The reports weighted full-term average for retail only (and obviously that includes the large % of retail that isn't the highstreet) is closer to 10 years. But its still less than I said, so its a fair point.

Obviously landlords don't want empty properties though, especially smaller landlords and those with a social conscience. For example, Public sector properties are 2x less likely to be vacant than those owned by oversees investors, and investment management schemes. Those owned by the social sector/communities/individual owners are even less likely to be vacant. This to me suggest quite clearly that for those that are motivated to not leave their premiss open, it is possible to lower the rates of vacancies.

The public sector manage to keep just 4.5% of their high-street properties empty. Private individual landlords keep just 1.3% of their properties empty.. yet investment managment schemes have 13% empty etc.

That alone is enough to suggest to me that there must be a motivation for many larger private landlords to keep their premises empty for longer than either the public sector - who are democratically accountable to the users of the higstreet, and private individual landlords, who by owning less property, are more damaged if one is empty. Both have far more motivation to adjust their terms quickly to ones that meet the demands of the prospective tenements, rather than hold out for a better deal.

I don't think that I am arguing that these owners like their shops being empty, obviously its never the ideal situation, but that their tolerance for keeping them empty in order to find the right Tennant and lease terms is longer than the communities tolerance of having an empty store-front.

---

For me, the left have the right solution to this. We know that community, individual and council owned businesses have both the lowest level of closure, the slowest turnover of new businesses, and the least vacancies, so it seems obvious to me that if we want the highstreet to serve both economic and social functions, we need the ownership to be those who have both economic and social motivations. These types of ownerships are also much more receptive to new and innovative ideas, which seems essential given the crisis of mainstream/traditional retailers (the sort that the larger companies are waiting to have as ideal clients).

There is no way of moving in that direction though, without disrupting the profitability and business models of the current majority of larger owners.

Cutting rates will help business, but not in isolation. The IFS have pointed out a number of times that in areas where demand outstrips supply, cutting rates in the long-run will just lead to higher rents.
(edited 3 years ago)
Reply 13
On the one hand stealing property is evidently a seriously bad policy to try for. On the flip side, if it works and revitalises some of the highstreet that American firms have helped ruin then power to them. Alas, economics and history are not on their side and with the current flow of events its unlikely the highstreet will ever really recover, in the way that these groups hope for anyway.

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