Recent Commercial Property – Page 3
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Feature
Taking charge
From April, new regulatory requirements for service charges for commercial property will come into force. Warren Gordon outlines the changes, and what they mean for existing leases
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News
CLLS updates commercial development management agreement
The City of London Law Society has launched the second edition of its development management agreement (with ancillary asset management services)
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News
IFRS 16 and its impact on real estate leases
A change introduced on 1 January 2019, makes significant changes to lease accounting for affected commercial tenants, which is likely to influence the length of leases taken by tenants in future and impact tenants’ earnings and liabilities, with consequential effect on covenant tests
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Feature
The twilight zone
Practitioners acting for purchasers in commercial property transactions face a challenge around finding out if the seller is insolvent. Amanda Eilledge explains the situation and proposes a potentially controversial solution
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Feature
Clawback in property transactions: what could go possibly wrong?
John de Waal QC offers a sneak peek into Hardwicke chambers’ new book on risk and negligence, by revealing tips on how to avoid risk in property transactions relating to overage.
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Feature
Life after leave
With Brexit now only six months away, investor sentiment remains positive, but there are broader challenges in the market which need to be resolved, from access to finance to housing supply. Paresh Raja explains
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Analysis
In need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
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Feature
The green light
From April 2018, new regulations will make it significantly harder for landlords to rent property with an energy efficiency rating below ‘E’. Warren Gordon looks at the lease drafting implications, and potential exemptions from the new requirements
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Feature
Fit to break
Danielle Drummond-Brassington and Natalie Appleby outline some simple practice points to help you avoid the pitfalls around exercising break options in commercial leases
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Feature
High street lows
Every week seems to bring news of another major retail chain in financial crisis. Ambuja Bose and Georgina Eason look at the practical impact on commercial landlords of having an insolvent or potentially insolvent tenant
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Feature
Broader horizons
The benefits and importance of capital allowances in commercial sales and purchases has been well publicised, but did you know the relief also needs to be considered in some residential and landlord and tenant matters? Sophie Raniwala explains
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Feature
Coded message
New Property Section chair Warren Gordon outlines the implications of the new Electronic Communications Code
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Feature
Ringing alarm bells
A number of recent cases around vacant possession have addressed some interesting issues which fall outside standard definitions. Is vacant possession given up if the tenant did not return keys or left an alarm on at the premises? Nicholas Taggart considers
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Feature
The gold standard
A new edition of the Standard Commercial Property Conditions of Sale was published in May. Stephen Jackson outlines the changes and improvements included in the new edition
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News
New guidance on minimum energy efficiency standards for non-domestic property
In February, the government released new guidance on the operation of the regulations behind the minimum energy efficiency standards for non-domestic property, coming into force in April 2018. Warren Gordon outlines the key points of the guidance
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Feature
Capital letters
Ian White, chair of the Property Section, talks to Mark Tighe, CEO of Catax Solutions, about what solicitors need to know about capital allowances, an important and increasingly prevalent area of commercial property tax law
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Feature
Checks and balances
Upcoming tax changes may lead more private property investors to incorporate. Susan Winter and Tony Lake look at the pros and cons of each structure, and what conveyancers need to know when acting for a corporate client as a property investor
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Analysis
Lidl to worry about: the Pallant v Morgan equity revisited
Some quarters of the legal press have been panicked about the recent outcome of a High Court judgment relating to a proposed joint venture property agreement which revisted the rules around a Pallant v Morgan trust. Mark Hughes explains why there is actually nothing to worry about…
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Analysis
Breaking up is hard to do?
Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.
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Feature
Moving with the times
Lucy Trevelyan looks at recent trends in the use of office space in law firms and beyond – including agile working, shoring and activity-based working – and examines the drivers for change, plus the benefits and possible pitfalls