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Sep
07
2015

Application of property rates to two separate floors of a building
#Real Estate

The Supreme Court has held that two floors within the same building that do not immediately adjoin each other will be rated separately rather than as a single hereditament in Woolway v Mazars [2015]....

Aug
17
2015

Drive-through supermarkets – convenience gone mad?
#Real Estate

It was recently announced that Amazon are proposing to test a new drive-through grocery store concept in the USA. The venture would possibly be an extension of Amazon Fresh which delivers groceries to restaurants and individuals on a same day order to door basis. ...

Jul
28
2015

Landowner obligations in respect of tenant’s waste and fly-tipping
#Real Estate

Figures suggest that fly-tipping – the illegal deposit of waste – is on the up after years of decline, with a 20% increase in fly-tipping since 2012/13. A costly concern for landowners, it is estimated that fly-tipping on private land costs of as much between £50m and £150 million to clear up each year. This note, gives a brief overview of some of the issues to aware of ....

Jul
27
2015

Historic Rent Reviews: A Warning for Tenants
#Real Estate

We have recently been asked whether a landlord is able to operate historic rent reviews. The lease in question was a lease granted in 1999 for a term of 15 years, expiring at the end of December 2013 and within the protection of the renewal provisions of the Landlord and Tenant Act 1954. The tenant is still in occupation, holding over under the 1954 Act....

Jul
08
2015

Private Parking – Court of Appeal Upholds Penalty
#Real Estate

The balance between private landowners and motorists in the parking arena has shifted in recent years. The Protection of Freedoms Act 2012 (the 2002 Act) brought in by the Coalition government outlawed private clamping but permitted landowners to obtain the details of the registered keepers of vehicles from the DVLA. ...

Jul
01
2015

Clicks to Bricks. Do e-retailers need a high street presence?
#Real Estate

The UK is one of the world’s biggest internet shoppers with almost £1 in every £8 now being spent online. This year we are expected to outspend the Americans by disposing of nearly £1,200 per person on the web....

May
27
2015

When is a coffee shop not a coffee shop?
#Real Estate

In the recent article “A glass of wine at Starbucks? Is diversification the answer for retailers?” we explored the growing number of retailers seeking to diversify their offering to increase customer numbers and improve profits....

Apr
30
2015

Rent Deposits – A brief overview
#Real Estate

A rent deposit is money provided by a tenant to its landlord as security for payment of the rent and performance of the tenant’s covenants contained in the lease. A rent deposit deed will specify the circumstances in which the landlord can draw on this money and the conditions that must be satisfied for the deposit to be repaid to the tenant. ...

Apr
24
2015

Build! Build! Build! (and other real estate election pledges)
#Real Estate

Last week saw the launch of five of the main UK political party manifestos. Rarely read in detail by the voting public these tomes are often used to set out headline grabbing promises in the hope that they may sway the floating voter. ...

Mar
30
2015

Decision on whether a publicly accessible beach could be registered as town or village green
#Real Estate

A recent Supreme Court case has provided clarification to landowners on whether a beach within a harbour can be registered as a town or village green....

Mar
19
2015

A glass of wine at Starbucks? Is diversification the answer for retailers?
#Real Estate

It is not a new idea for retailers to seek to diversify their consumer offering in an attempt to encourage consumer activity. Sometimes it succeeds and sometimes it fails....

Feb
23
2015

Land Registry – Protection from fraud
#Real Estate

In view of the increased risk of fraud and following high profile cases, the Land Registry has introduced means to protect individuals and companies who own property (where the title is registered at the Land Registry) against fraudulent transactions taking place without their knowledge. ...

Feb
02
2015

Wake up and smell the coffee!
#Real Estate

The coffee sector in the UK is booming and seems set to continue this trend in the near future. A recent report by Allegra World Coffee Portal predicts turnover in the coffee market will rise from £7.2 billion to reach £16.5 billion by 2020....

Jan
06
2015

A bright future for roof top solar?
#Real Estate

There is no denying that the solar energy industry has enjoyed great growth in recent years and with the cost of solar energy decreasing then this can only mean the sector will continue to thrive in the near future....

Jan
06
2015

Planning Obligations – Changes to Section 106 Contributions
#Real Estate

Planning obligations form part of the planning process and will usually be invoked by the local planning authority when a planning permission is sought by a developer. They are used to mitigate the impact of new buildings on the local community and infrastructure, and are imposed by a Section 106 Agreement which is a legal agreement between the applicant seeking planning permission and the local planning authority....

Dec
05
2014

A Business Partner`s Entitlement to Apply for a new Lease under the landlord and tenant act 1954
#Real Estate

The Court of Appeal (CA) has very recently decided that an application for a new business tenancy made by one of two business partners was not a valid application where the existing lease was held by both partners. The CA`s decision held that both joint tenants must join in any application for a new tenancy under the Landlord and Tenant Act 1954 ("the Act") unless there is an applicable statutory exception. The case in question is Lie v Mohile [2014] EWCA Civ 728....

Dec
01
2014

Restaurants battle it out
#Real Estate

The restaurant sector has always been fast moving and competitive. Buoyed by current eating trends and increased consumer spending the newer restaurant brands are expanding their mini empires whilst the larger operators are protecting their market share with modern renovations and a determined push to grow still further....

Nov
10
2014

The AGA Saga continues...an update
#Real Estate

The recent case of Tindall Cobham 1 Ltd v Adda Hotels [2014] has questioned the position reached by the K/S Victoria v House of Fraser (Store Management) Ltd [2011] case. As we reported in our update "A Guarantor or not a guarantor? That is the question." the K/S Victoria case confirmed that a lease obligation requiring an existing group company guarantor to guarantee the lease obligations of an associated assignee company was void....

Nov
10
2014

Scaffolding affecting tenant`s enjoyment
#Real Estate

In Century Projects Limited v Almacantar (Centre Point) Limited & others [2014], the claimant tenant held a 36 year lease of the top floors of Centre Point Tower at Tottenham Court Road, London which it used as a high class restaurant and private members` club. It sought an injunction to restrain the landlord from carrying out external works to the cladding of the tower which involved the erection of scaffolding around the building, including scaffolding at the level of the top floors....

Nov
10
2014

Break clauses and overpaid sums
#Real Estate

The Court of Appeal has recently reversed the decision of the High Court in the controversial case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and (2) BNP Paribas Securities Services Trust Company Limited [2013]....

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