Since we last posted on common land and town and village greens, there have been new cases. Given the impact common land can have on developments, applications to register land as a town or village green are often appealed so it can take a long time for clear legal principles to emerge. We have pulled together the … Continue Reading
Rentcharges are, in theory, a very useful way of securing a positive obligation to pay against freehold land owners. They are mainly now created to cover estate service charges to ensure freeholders will pay common expenses incurred in looking after communal areas of a development and to help ensure positive covenants are enforced which is … Continue Reading
There have been a number of developments on business rates which affect investment management and lettings to corporate occupiers. Exactly what use qualifies as charitable and benefits from reduced rates is clearer, as is what qualifies as a business unit in a multi-let building plus there is disturbing news on rates appeals. FOR FURTHER INFORMATION … Continue Reading
Wandsworth Council has just taken the unprecedented step of issuing a non-immediate Article 4 Direction to withdraw permitted development rights relating to demolition, alteration and changes of use from 120 pub and bar sites in Wandsworth “due to their historic or architectural value or because they make a positive contribution to their community”. Unlike an … Continue Reading
Major changes to insurance law came into force on 12 August 2016 by virtue of the Insurance Act 2015. Some of the changes will be of benefit to those who have to insure UK real estate and this could provide comfort to mortgagees. The headlines are – New concept of ‘fair disclosure’ by policy holders … Continue Reading
We are often asked by landlords whether tenants need to completely strip out premises including partitioning when they are required to deliver up vacant possession. This is most common when break clauses are conditional on delivering vacant possession. What does vacant possession mean? In the leading case (NYK Logistics Limited –v– Ibrend Estates), it was … Continue Reading
Following on from our posting about the removal of the exemption of small scale developments from affordable housing contributions, please note that the Court of Appeal reversed the High Court’s decision. The Court of Appeal has given legal effect to the Government’s intended policy and that now means that: contributions should not be sought from … Continue Reading
Be aware of the consequences of negotiating an early break right in a renewal lease. The flexibility that this might bring will come at a cost. On a 1954 Act lease renewal, the court has power to determine the rent for the renewal lease. The Court assesses the rent for which those premises “might reasonably … Continue Reading
Commercial landlords know that if a tenant fails to pay rent and the lease contains a forfeiture clause, the landlord can forfeit the lease by peaceable re entry i.e by changing the locks when the tenant is not in the premises. It can be a useful self-help remedy but it is limited by the tenant’s … Continue Reading
The headline news from the Housing and Planning Act 2016 (the ‘Housing and Planning Act’) makes it look as though there is a good new solution to enable residential landlords to get their property back in their control when it has been abandoned. In practice it contains a number of provisions that serve only to … Continue Reading
Structuring the ownership of mixed use buildings requires care both initially and then during the management of the building. In a recent case, an investor in the residential parts of a mixed use building faces a significant service charge shortfall that was avoidable. Residential tenants benefit from a statutory requirement that their service charge must … Continue Reading
We were reading in the Property Week (27th May edition) just how unreliable an EPC rating can be. This matters because from 2018 when new minimum energy efficiency regulations (MEES) start to apply, investors won’t be able to grant a lease of a property (and that includes a lease renewal) with an F or a … Continue Reading
How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by landlords to tenants where they want to carry out redevelopment works to a building around a tenant of … Continue Reading
We have blogged on a number of occasions about the pitfalls befalling tenants when it comes to the exercise of break options. The case of Levett-Dunn v NHS Property Services Ltd is an example of case that was decided in the tenant’s favour and serves as a salutary lesson to landlords that they cannot rely … Continue Reading
The recent case of Flanders Community Centre Limited v Newham London Borough Council has provided us all with a dramatic reminder of how important the role of the expert witness is at trial. Whilst most lease renewal cases don’t go to trial, those that do need careful preparation and early instruction of experts to ensure … Continue Reading
A recent case acted as a reminder of the risk inherent in taking a contractual deposit which is greater than the market norm. That case involved penalties for overstaying permitted parking times and re-confirmed the contract law principle that a deposit must represent a genuine affirmation of a party’s earnest intention to proceed and must … Continue Reading
What would you do if; your property development business had obtained planning permission to construct a 62 storey tower comprising 200,714 sq.m; you had secured funding in principle to commence the development; BUT the proposed development infringed the rights to light of 61 properties – of which 53 were maintaining their fundamental right to an … Continue Reading
Properly employed, sweeper clauses are designed to catch service charge costs that may be unforeseeable at the time of drafting. This is an essential fall back when drafting a long residential lease whose term will be somewhere between 99 and 999 years and subject to a statutory right of extension on the same lease terms. … Continue Reading
It is now clear that leases cannot be assigned to the tenant’s guarantor but serious issues arise out of the recent High Court case of EMI Group Limited v O&H Q1 Limited which specified that any lease assignment by a tenant to its guarantor is void. This means that the assignment is not effective, the … Continue Reading
We have written before on the subject of Landlords’ remedies when there is a pre-pack administration where a new company is formed to buy the viable part of the business and is put into occupation by the administrators without even prior notice to the landlord let alone landlord’s consent.… Continue Reading
The Government has issued a statement on 13 October 2015 confirming that the temporary permitted development right to convert office premises to residential, subject to local authority prior approval of specified matters, is to become permanent. This was originally introduced as a temporary permitted development right in May 2013 and was due to expire in … Continue Reading
6 October 2015 is the end of the transition period under the 2015 CDM Regulations. See our previous post for more information about the changes. The big issue that the experts have been considering since the Regulations came into force in April 2015 is which of the various professionals engaged in health and safety on … Continue Reading
The snappily titled Assured Shorthold Tenancy Notice and Prescribed Requirements (England) Regulations 2015 come into force 1st October 2015. In a nutshell, the landlord of any AST granted from 1 October 2015 onwards must provide the following to the tenant: Government factsheet “How to Rent: the checklist for renting in England”. To ensure you always … Continue Reading
The Energy Savings Opportunity Scheme Regulations 2014 (“ESOS”) came into force across the UK last July. The purpose of ESOS is to require large businesses to identify energy efficiency savings by carrying out energy audits; ESOS is intended to deliver part of the UK’s 2020 target to reduce energy consumption by 20%. The reality is … Continue Reading
