Recent Commercial Property – Page 4
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FeatureSpringing into action
Warren Gordon provides an update on the work of the Law Society’s Conveyancing and Land Law Committee this spring, including around Land Registry privatisation, short-form leases and the Mortgage Credit Directive
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AnalysisTaking a break
In Levett-Dunn v NHS Property Services Ltd [2016] EWHC 943 (Ch), the High Court has considered the thorny issue of the validity of notices served by a tenant to exercise a contractual break clause
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AnalysisSpotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers & Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common industry ...
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AnalysisSpotlight: Budget 2016 – bad news for big business and buy-to-let?
For the losers in this year’s budget, it inevitably means more tax. For the winners, it isn’t simply about paying later, but whether they have to pay at all. James Letchford, a property partner at Thomas Eggar (part of the Irwin Mitchell Group), considers some of the key announcements.
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FeatureMint conditions
The third edition of the Standard Commercial Property Conditions will soon be released. Warren Gordon provides a round-up of some of the key changes from the previous edition
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FeatureLicence to bill
An existing client comes to you with a big idea: to buy a pub. You want to take the work, but should you? Tariq Philips looks at how to make the decision, how to quote for the work, and some of the unusual elements of transactions to purchase licensed premises
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AnalysisYou may well ask
The High Court has awarded damages to a buyer following rescission of a property contract for fraudulent misrepresentations in pre-contractual enquiries. Peter Reekie has the facts
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FeatureProperty case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.
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AnalysisProperty Section committee end of year review
We speak to Property Section committee members Myfanwy McDonagh and Philip Askew, and chair of the land law and conveyancing committee Warren Gordon, about their experiences of 2015, and what’s on the horizon for 2016
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
Nick Levy, real estate litigation partner at Trowers & Hamlins, discusses the last chapter in the long-running Marks & Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause
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FeatureTo have and to hold
The vehicle through which property is held has major implications for its tax treatment, especially following recent changes. Adrian Benosiglio and Gary Heynes provide a beginner’s guide.
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AnalysisSpotlight: Orientfield Holdings Ltd v Bird & Bird LLP
Lucie-Anne Rhodes discusses this recent High Court ruling, in which a firm of solicitors was ordered to pay £1.8 million in damages to its client for failing to disclose relevant information about a property purchase
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FeatureCritical conditions
The Law Society’s conveyancing and land law committee and software developers Oyez are collaborating on a new edition of the Standard Commercial Property Conditions. Warren Gordon discusses what to expect from the upcoming third edition
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AnalysisSpotlight: Project Blue Ltd v HMRC
Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning
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FeatureIn the line of duty
There have been significant changes to stamp duty land tax in the past four years, from the introduction of a new 15% rate, to complex new rules on subsales. Paul Clark provides an overview of the changes
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FeatureGive me five
Over a year after legislation came into force, placing new obligations on commercial property solicitors around capital allowances claims, most solicitors still do not know everything they need to about the new regime. Mark Tighe gives his five top tips
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AnalysisThe right to an indemnity: Swift reaches the Court of Appeal
In what circumstances may registered chargees be entitled to an indemnity under schedule 8 to the Land Registration Act 2002?
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AnalysisAll change for landlords' repairing obligations?
Peter Reekie considers a case which addresses the extent of a landlord’s repairing obligations where only part of a building is let
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FeatureAfter the fall
The recent bolt failure at the Cheesegrater building in London raises the issue of liability for building defects. Richard Stapylton-Smith and Paul Taylor examine the key considerations, and how owners and landlords can keep buildings commercially attractive for tenants