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Real Estate - Legal Updates

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Jan
20
2017

Decision for the Landlord on the expiry of the Contractual Term of a Protected Lease
#Real Estate

For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?...

Oct
11
2016

For Landlords – a Section 17 reminder
#Real Estate

It was possible during the recession of the late 1980s and early 1990’s to sue original tenants and previous assignees on covenants given in leases when the party to whom the lease had been assigned became insolvent. In some cases, many years had passed since the assignment and many original tenants would have forgotten about any continuing liability....

Oct
10
2016

Property start-ups booming in the Tech sector
#Real Estate #Entrepreneurs & Start-Ups

There has been a marked increase in new prop tech start-ups over the last year as they look to mirror the success of fintech in the property sector....

Sep
09
2016

Directors’ duties and dilemmas in real estate
#Directors' Duties #Real Estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....

Sep
08
2016

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment
#Real Estate

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?...

Aug
09
2016

Failure to yield up with vacant possession makes exercise of break clause ineffective
#Real Estate

A recent case to come under the spotlight was Riverside Park Ltd v NHS Property Services Ltd [2016], which emphasised the importance of clearly identifying what a chattel or fixture is in order to ensure vacant possession is given....

Jul
11
2016

Before you sign on behalf of your partner…
#Real Estate

In the recent case of Marlbray Ltd v Laditi and another [2016] EWCA Civ 476, the Court of Appeal decided that a contract signed by a buyer on behalf of himself and his wife without her authority was valid....

Jun
02
2016

The Future of Retail and the Challenge of the Tech Revolution
#Real Estate

The UK is known as a nation of shoppers. Over the last few decades shopping has become a leisure activity and shopping centres have become the place to spend at least part of each weekend – an opportunity to look at the latest stock and to try out various dining options....

Jun
02
2016

Office to Residential – permitted development made permanent
#Real Estate

Under the Town and Country Planning Act 1990, planning permission is needed for the carrying out on land of any development. Development is defined as including the carrying out of building operations on land or making any material change in the use of any buildings or other land....

May
20
2016

New case on damages paid to Tenant for Landlord’s breach of covenant
#Dispute Resolution #Real Estate

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...

May
05
2016

The Internet of Things – Legal Issues arising from Smart Buildings
#Real Estate

The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed....

May
05
2016

What will a Brexit mean for the UK Property market?
#Real Estate

The prospect of the upcoming referendum on a British exit from the EU, or ‘Brexit’, is the currently the centre of much debate. It is very difficult to envisage what a post-Brexit Britain would look like; in the event of a leave vote, there is no blueprint for the terms of the settlement which would need to be negotiated with our European cousins....

Apr
07
2016

Clarkslegal advises on the sale of two Holiday Inn Express hotels
#Real Estate #Corporate

Clarkslegal has successfully advised on the sale of two Holiday Inn Express hotels in multi-million pound transactions. ...

Apr
07
2016

Property related FAQs by franchisees
#Real Estate

Most franchises operate from retail premises and the franchisor will often take a superior lease interest and then grant the franchisee a lease or licence from it. ...

Apr
07
2016

Budget 2016 – Key property announcements in brief
#Real Estate

From 17 March 2016 SDLT on commercial properties was brought in line with the residential system, whereby, the SDLT will now be charged at a variety of rates according to the portion of the total consideration that falls within each of the respective bands. ...

Mar
07
2016

How to aid business growth in the real estate sector
#Real Estate

Protecting cash flow is often a key way to enable growth of a business and in the real estate sector there are a number of ways this can be done, particularly where you are occupying business premises by way of a lease...

Feb
26
2016

Take care when providing replies to pre-contract enquiries
#Real Estate

When selling a property, a standard procedure is for the seller to provide replies to enquiries raised by the Buyer and its solicitors. ...

Feb
08
2016

New requirements for landlords to check immigration status of tenants
#Dispute Resolution #Real Estate

From 1 February 2016, landlords of residential properties are now required to carry out ‘right to rent’ checks on prospective tenants to ensure that they have the right to live in the UK before granting a tenancy. Failure to carry out the requisite checks can leave landlords liable to pay a fine of up to £3,000....

Feb
05
2016

A Flood of Claims
#Real Estate

Abigail, Desmond, Frank, and Henry and their relatives have already visited our shores. Their North American cousin, Jonas, has been and gone. ...

Feb
05
2016

Business Rates
#Real Estate

Commercial Property owners should be aware that the empty property rate relief scheme for newly built commercial property will end on 30 September 2016. ...

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