Since we posted on the effects of The Commons Act 2006 back in June 2009 there have been three cases. Many land owners will now find it harder to resist an application for registration of land as a town or village green and will have to live with the restrictions that registration creates. The recent … Continue Reading
In our previous posting 'Land Agreements come under the Competition Law Spotlight' when government consultation was underway, we reported on the likely impact of Competition Law applying to property deals. Whilst the issue arose out of the Competition Commission's market investigation into the supply of groceries, the changes that will apply from 6 April 2010 can affect any property agreements and will affect pre-existing agreements as well as anything to be entered into after 6 April. The commercial property world needs a new competition law mindset.… Continue Reading
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.… Continue Reading
Every Tenant’s worst nightmare is to miss a break date in a Lease of unwanted space! With rental demand currently weak, Landlords are likely to take any technical point they can to defeat a Tenant’s break notice and the rental void it would trigger. Often the decision to serve break notices is left until close … Continue Reading
Landlords/investors involved in selling or refinancing tenanted properties may need to carry out intensive environmental tests to satisfy the buyer/lender. Can landlords do these without the tenant’s co-operation, for which a tenant may seek a high price? Leases of commercial property reserve specific rights of entry for landlords. Can these be exercised to allow an … Continue Reading
This is a hot topic in that a number of developments are currently being delayed/called into question by claims that the site is common land or is a town or village green. Developers need to take care when they plan to develop land that has been used by the public for their recreation. Why? That … Continue Reading
The duty on investors and other owners to notify building insurers and keep them updated of all material circumstances should not be under-estimated. Failure to do this may result in cover being prejudiced. An unusual case that reached the Court of Appeal earlier this year made us think about whether property investors have got more … Continue Reading
