Recent Commercial Property – Page 5
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FeatureSit up and take notice
Notices to complete are becoming more common in the newly buoyant property market, in which clients on both sides are eager to complete quickly. Richard Bagwell explains what they are and how they work
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FeatureModel behaviour
The new Model Commercial Lease is designed to simplify and speed up investment-grade commercial lease negotiations, for both landlords and tenants. Dion Panambalana explains what the lease contains and excludes, and how it will work in practice
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FeatureEnquire within
The Commercial Property Standard Enquiries, first introduced in 2002, helped reduce delays and expense in commercial transactions. But, asks Warren Gordon, are they still fit for purpose in today’s market?
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FeatureCapital thinking
The recent changes to capital allowance rules have drastically affected how purchasers and sellers deal with commercial property transactions. Mark Tighe explains how the property practitioner now has a far more crucial role to play in the process
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FeatureValue added
In the first of a new occasional series on social housing for property lawyers, Jennifer Robinson explains the key factors a commercial property lawyer has to consider when acting for Registered Providers who are acquiring land or property for development
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AnalysisThe end of the Dolphin Square saga?
In Westbrook Dolphin Square Ltd v Friends Life Ltd, we consider the validity of a scheme that was partly designed to facilitate an enfranchisement claim under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
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AnalysisTindall Cobham 1 Ltd v Adda Hotels (an unlimited company)
The Court of Appeal considered the construction of covenants against assignment contained in leases, and their interaction with the provisions of the Landlord and Tenant (Covenants) Act 1995
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AnalysisGiving a guarantee on an intra-group transfer
Tindall Cobham 1 Ltd v Adda Hotels shows that it is possible to apply the principles of construction to save the valid elements of a covenant by pruning away the bad sections
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OpinionSign of the times
Whether we like it or not, conveyancing practices will have to adapt to meet the demands of 21st century communications, says Peter Rodd
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NewsCapital allowances update
Capital allowances specialist and Law Society partner, Catax Solutions, provides an update on the new capital allowances regime, five months after the changes came into force
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FeatureMaking way
With the economy seemingly on the rise, and the government pushing forward with its plans for HS2, compulsory purchase schemes are back in the spotlight. Richard Flenley guides us through the process
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FeatureIn the end
With the economy slowly recovering, the negotiating strengths of commercial landlords and tenants in lease renewal negotiations are changing. Nic Maunder Taylor provides a beginner’s guide to the issues for landlords, tenants, and their advisers
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FeatureBreaking up
Paul Clark provides a round-up of recent cases related to commercial landlord and tenant law
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AnalysisTroublesome lease clauses
Recently, the most troublesome lease clauses have been those dealing with termination – specifically break rights. I consider two recent high profile cases that illustrate this point.
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Analysis
Henderson v Foxworth Investments Ltd and another
Liquidator of the Letham Grange Development Company sought reduction of a security over the Letham Grange resort near Arbroath in Scotland.
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Analysis
Lie v Mohile
The Court of Appeal held that a court was wrong to find that a partnership between two medical practitioners had terminated and, accordingly, that an application for a new business tenancy had failed.
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Analysis
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been ...
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FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
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News
New capital allowances practice note
From 1 April 2014 for corporation tax payers and 6 April for income tax payers, capital allowances, which allow for tax relief for fixtures in property, must be identified and documented at the point at which commercial properties are bought or sold, or they will be lost forever. ...
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Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.