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Nov
10
2014

Breach of covenant preventing assignment
#Real Estate

In Singh v Dhanji [2014], a landlord refused to grant to the tenant licence to assign a 15 year lease of premises used as a dental practice unless the tenant:...

Nov
10
2014

Empty property rates following a disclaimer
#Real Estate

The High Court has clarified the position on who is responsible for business rates following disclaimer of a lease in Schroder Exempt Property Unit Trust and another v Birmingham City Council [2014]....

Nov
06
2014

Are pub closures signalling last orders for the UK pub sector?
#Real Estate

Public Houses have been closing at an increasing level in recent years. In August this year the Campaign for Real Ale (Camra) reported that pubs were closing at a rate of 31 a week with fewer than 55,000 British pubs in operation....

Nov
06
2014

Conditionality in Agreements for Lease
#Real Estate

It is not always possible or desirable for an agreement for lease to be unconditional. Often, there is a need for an agreement for lease where the ultimate grant of the lease is conditional upon certain conditions being satisfied. This can lead to disputes, where it becomes in the interest of either party to try to wriggle out of its obligation to take the lease....

Oct
27
2014

Station retail remains on track
#Real Estate

As many of us will experience every day the UK`s train stations are getting busier. With more people using the often creaking infrastructure every year the result is that there is a consistent annual increase in footfall at all of the major train stations in the UK. According to Network Rail more than a staggering one billion people, on average, pass through one of their 19 managed stations every year....

Oct
10
2014

An update on the application of competition law to restrictions on use in retail leases
#Real Estate

The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property....

Oct
10
2014

Popping-up Everywhere
#Real Estate

A brief look at the commercial requirements and the legal aspects a pop-up tenant looks for and needs to consider when choosing premises....

Sep
05
2014

Changes in the application of VAT to lease surrenders
#Real Estate

Landlords and tenants will welcome a recent change in HMRC policy on the application of VAT to the surrenders of leases....

Sep
03
2014

Capital Allowances: fixtures in commercial buildings
#Real Estate

Rule changes from 1 April 2014 could have serious effects for commercial property owners....

Aug
29
2014

Making a Will - The distinction between memory and testamentary capacity
#Real Estate

A recent case in the Court of Appeal (Simon v Byford and others [2014] EWCA Civ 280) reviewed the test of capacity for those seeking to make a Will. The Court of Appeal drew a clear distinction between capacity and memory. It held that the test for capacity depended on the potential capacity to understand, rather than memory, and stated that the test for capacity did not extend to unknown or unintended consequences of testamentary dispositions...

Aug
06
2014

Landlord opposed lease renewal on the basis of substantial breach of the Lease
#Real Estate

The Court of Appeal has very recently considered circumstances where a Landlord was opposed to the renewal of the Lease protected by the Landlord and Tenant Act 1954 on the basis of disrepair and breaches of covenant. The case in question is Youssefi v Mussellwhite [2014] EXCA Civ 885....

Jul
09
2014

Landlord`s obligation to insure against terrorism
#Real Estate

The recent Judgment in the Upper Tribunal (Lands Chamber) case of Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC) is a decision that will be of interest to landlords and tenants....

Jul
08
2014

Rectifying a poorly drafted Will
#Real Estate

A recent Supreme Court case, Marley v Rawlings ruled for the first time at the highest judicial level on the circumstances under which a will may be rectified pursuant to s20(1)(a) of the Administration of Justice Act 1982...

Jun
04
2014

Town and village greens - a clarification of the law relating to land in public ownership
#Real Estate

The question of whether publicly-owned land can be registered as a town or village green has been clarified by the recent Supreme Court decision in R (Barkas) v North Yorkshire County Council which has stated that the previous decision in R( Beresford) v City Of Sunderland [2003) should no longer be followed....

May
21
2014

Can a Tenant Recover Rent Paid for a Period After the end of a Break Notice?
#Real Estate

Break clauses have been making the legal news for several years. Many modern leases contain rights for the tenant to break the lease early, reflecting the increasing requirement of tenants for flexibility. However many older break clauses are drafted very restrictively, making them difficult to operate. A break clause will normally require payment of rent up to the break date, but may also require compliance with other covenants in the lease. This has led to many cases where the landlord and the tenant have ended up arguing about whether the break clause has been effectively operated. Of course in such circumstances the value of the break clause may be very substantial and make it worthwhile for the parties to engage in legal action to resolve the position...

May
08
2014

Probate fees and capacity issues
#Real Estate

The government recently went ahead with its proposal to significantly increase the fee charged by probate registries for issuing grants and sealed copies of grants....

May
08
2014

Energy Performance: The Importance of Acting on F & G Ratings - A Reminder
#Real Estate

The Energy Act 2011 contains prospective legislation relating to energy efficiency in commercial buildings (and residential buildings) which threatens to have a significant impact on the property market...

Apr
30
2014

What happens when a business tenant remains in occupation after the expiry of its lease?
#Real Estate

Difficulties can arise when a business tenant remains in occupation of a property when its right to do so has come to an end. This may be because the tenant has a lease that does not carry protection under the Landlord and Tenant Act 1954 ("the Act") and the lease has expired. Alternatively the lease may be protected by the Act, and, following service by the landlord of a Section 25 notice terminating the tenancy, the tenant has not taken any steps to issue a claim for a new lease or extend time for doing so. Often when a tenant remains in occupation it is because negotiations for a new lease are ongoing, but there is a risk that, if the situation is not resolved promptly, the parties can find themselves with an implied periodic tenancy. The legal status of the tenant will always depend on the specific circumstances of each case, but the key factors the courts will look at are whether rent is being paid and accepted, and whether the parties are actively engaged in negotiations for a new lease...

Mar
31
2014

Commercial Rent Arrears Recovery for Leases (CRAR)
#Real Estate

Commercial Rent Arrears Recovery (CRAR) is a method of enforcement to recover rent arrears relating to commercial property, which comes into force on 6 April 2014. From that date, it may only be used for commercial property and the common law right of distress is abolished. Prior to 6 April 2014 the remedy of distress is the correct procedure to use....

Feb
25
2014

Flooding and Property Insurance
#Real Estate

The ongoing floods, following the wettest winter on record, have affected almost everyone in some way and have dominated the headlines over the past few weeks. This crisis has come against the backdrop of an already challenging situation with regard to insurance for properties in areas liable to flood....

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