Lucy Woods 04 May 2020

Investing in commercial property amidst Covid-19

Since the austerity measures introduced in 2010, local authorities have been left to consider new and innovative ways in which they can generate income to fund vital public services. The acquisition of commercial property has been popular, with councils spending an estimated £6.6bn over the last three years on purchasing commercial outlets, mainly through loan finance provided by the PWLB.

Local authorities have long had the power to enter into commercial arrangements which includes the ability to borrow and invest in real estate. However, there is an increasing tension in meeting the balance between acting in a way which furthers a local authority’s commercial interests whilst meeting the overriding public policy objectives.

And let’s not forget that these investments are subject to a number of constraints that would not concern a private investor. Any commercial property transaction must comply with the public procurement rules, the rules on State aid and the Best Value Duty. A council has to wear two hats: one considering the commercial interests and another its public sector duties and obligations. Taking enforcement action against failing commercial tenants, for example, has negative publicity implications that will not apply in the same way to a private landlord.

So, why do they invest? Primarily to generate income to plug the gap from reducing Central Government funding. However, often these investments have a regeneration policy underlying them which sits more comfortably with public sector policy. There has, however, been an increasing trend of out of area investment which are purely commercial in nature.

The Commons Public Accounts Committee has recently launched an inquiry which seeks to explore issues presented in the National Audit Office’s report on local authorities’ investments in commercial property, raising the following questions:

  • Is commercial property a safe investment?
  • Have local authorities fully considered the potential risks involved in such acquisitions?
  • Are local authorities receiving value for money? Are councils are meeting their Best Value Duty?
  • Do local authorities have the commercial skills and abilities to properly manage these investments in a way that yields a decent return? Local authorities are increasingly appointing consultants and agents to manage their property portfolios.
  • In the light of COVID-19, will local authorities be able to meet their borrowing obligations or will the Government need to bail them out? In addition, will the pandemic impact on the markets they have invested in? There is a moratorium on evicting tenants and serving statutory demands where rent is unpaid. How will this affect service provision if income which is forecast to be received is significantly lower as all sectors struggle with the economic crisis?

The Government has already committed £1bn to help struggling councils during the pandemic amidst a fear that they will go insolvent. There is no doubt that advice from expert professionals is more important than ever to ensure that local authorities are not unduly exposed to market risk, ensuring that any such investments are part of a balanced portfolio to minimise the inevitable issues which will arise with market downturns.

Lucy Woods is partner at Ashfords LLP

SIGN UP
For your free daily news bulletin
Highways jobs

Finance Officer - 12 month Fixed Term Contract

Essex County Council
£25081.00 - £27653.00 per annum + + 26 Days Leave & Local Gov Pension
Finance OfficerFixed Term, Full Time£25,081 to £27,653 per annumLocation
Recuriter: Essex County Council

Tutor

Essex County Council
Up to £30377.00 per annum + Pension
TutorPermanent, Part Time£30,377 per annum full time equivalent Location
Recuriter: Essex County Council

Principal Highway Engineer – Highway Condition Specialist

W.D.M. Limited
£65,000 - £80,000 based on experience
We are looking for a driven and experienced Professional Civil Engineer with a strong background in highways engineering to join our team. Bristol
Recuriter: W.D.M. Limited

Deputy Head of Pensions

London Borough of Richmond upon Thames and London Borough of Wandsworth
£48,873 - £62,451 dependents on experience
The Pensions Finance team has a variety of work shared in a small team giving the opportunity to get involved in every area. The team provides financial and investment support to Wandsworth Council’s £3bn pension fund, the Southwest Middlesex Cremato Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Adults Social Worker - Forensic Mental Health

Essex County Council
£37185 - £50081 per annum + Flexible Working
This position is open to Newly Qualified Social Worker's (NQSW) with relevant experience in Mental Health. The starting salary for NQSW's is £34,902 England, Essex, Wickford
Recuriter: Essex County Council
Linkedin Banner