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Mar
20
2017

Business Rates: Liability Where Property Undergoing Substantial Refurbishment
#Real Estate

The Supreme Court recently considered whether commercial premises undergoing substantial redevelopment works had to be valued on the day of valuation for business rates as if they were still a useable office....

Mar
20
2017

Property Guardians – Are They Assured Shorthold Tenants?
#Dispute Resolution #Real Estate

Property guardianship schemes have become a popular way for landlords to protect their empty properties from squatters and vandalism. For the property guardians, the schemes typically offer plentiful living space at low cost in otherwise expensive cities....

Mar
13
2017

Additional Tax Allowance for Property Owners - The Full Story
#Private Client #Private Client #Real Estate #Clarkslegal

Next month sees the introduction of the Residence Nil Rate Band, offering those with children or remoter descendants who own their own property a substantial additional inheritance tax allowance....

Mar
06
2017

Replies to Enquiries – Misrepresentation
#Real Estate #Environment #Health & Safety #Real Estate

The importance of giving accurate and full information in replies to enquiries has been underline by a recent case in which a tenant successfully counterclaimed against its landlord for the cost of remedial works for asbestos removal and associated costs of temporary accommodation....

Jan
25
2017

Is VAT Payable on the Surrender of a Lease or the Exercise of a Break Clause?
#Real Estate

On the surrender of a Lease, it is always necessary to consider whether any VAT will be payable on any payment made by either the Landlord or the Tenant....

Jan
20
2017

Decision for the Landlord on the expiry of the Contractual Term of a Protected Lease
#Real Estate

For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?...

Oct
11
2016

For Landlords – a Section 17 reminder
#Real Estate

It was possible during the recession of the late 1980s and early 1990’s to sue original tenants and previous assignees on covenants given in leases when the party to whom the lease had been assigned became insolvent. In some cases, many years had passed since the assignment and many original tenants would have forgotten about any continuing liability....

Oct
10
2016

Property start-ups booming in the Tech sector
#Real Estate #Entrepreneurs & Start-Ups

There has been a marked increase in new prop tech start-ups over the last year as they look to mirror the success of fintech in the property sector....

Sep
09
2016

Directors’ duties and dilemmas in real estate
#Directors' Duties #Real Estate

From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....

Sep
08
2016

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment
#Real Estate

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?...

Aug
09
2016

Failure to yield up with vacant possession makes exercise of break clause ineffective
#Real Estate

A recent case to come under the spotlight was Riverside Park Ltd v NHS Property Services Ltd [2016], which emphasised the importance of clearly identifying what a chattel or fixture is in order to ensure vacant possession is given....

Jul
11
2016

Before you sign on behalf of your partner…
#Real Estate

In the recent case of Marlbray Ltd v Laditi and another [2016] EWCA Civ 476, the Court of Appeal decided that a contract signed by a buyer on behalf of himself and his wife without her authority was valid....

Jun
02
2016

The Future of Retail and the Challenge of the Tech Revolution
#Real Estate

The UK is known as a nation of shoppers. Over the last few decades shopping has become a leisure activity and shopping centres have become the place to spend at least part of each weekend – an opportunity to look at the latest stock and to try out various dining options....

Jun
02
2016

Office to Residential – permitted development made permanent
#Real Estate

Under the Town and Country Planning Act 1990, planning permission is needed for the carrying out on land of any development. Development is defined as including the carrying out of building operations on land or making any material change in the use of any buildings or other land....

May
20
2016

New case on damages paid to Tenant for Landlord’s breach of covenant
#Dispute Resolution #Real Estate

Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...

May
05
2016

The Internet of Things – Legal Issues arising from Smart Buildings
#Real Estate

The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed....

May
05
2016

What will a Brexit mean for the UK Property market?
#Real Estate

The prospect of the upcoming referendum on a British exit from the EU, or ‘Brexit’, is the currently the centre of much debate. It is very difficult to envisage what a post-Brexit Britain would look like; in the event of a leave vote, there is no blueprint for the terms of the settlement which would need to be negotiated with our European cousins....

Apr
07
2016

Clarkslegal advises on the sale of two Holiday Inn Express hotels
#Real Estate #Corporate

Clarkslegal has successfully advised on the sale of two Holiday Inn Express hotels in multi-million pound transactions. ...

Apr
07
2016

Property related FAQs by franchisees
#Real Estate

Most franchises operate from retail premises and the franchisor will often take a superior lease interest and then grant the franchisee a lease or licence from it. ...

Apr
07
2016

Budget 2016 – Key property announcements in brief
#Real Estate

From 17 March 2016 SDLT on commercial properties was brought in line with the residential system, whereby, the SDLT will now be charged at a variety of rates according to the portion of the total consideration that falls within each of the respective bands. ...

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