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Jul
10
2017

About to start trading? What are the risks and how to cover them
#Real Estate #Food and Restaurants

Read our useful guide dealing with the key risks that all restaurant entrepreneurs need to consider before they start trading. The top tips cover numerous risks that all commercial real estate occupiers need to consider, including public liability, key staff absence, equipment failure and cybercrime....

Jul
10
2017

Found the perfect venue? Watch out for hidden costs
#Real Estate #Food and Restaurants

Read our useful guide looking at the hidden costs of taking on a new restaurant property. The tips would also be relevant to anyone taking on a commercial property and focus on business rates, service charges and energy costs amongst other things....

Jul
10
2017

From food van to restaurant. A guide for food entrepreneurs
#Real Estate #Food and Restaurants

Read our useful guide packed full of tips for anyone looking for their first restaurant premises....

Jun
08
2017

Break Clauses and Alienation: The Code for Leasing Business Premises 2007
#Real Estate

A large percentage of modern leases of business premises include break clauses and virtually all will include provisions restricting the assignment and underletting of the lease. A landlord will generally seek to control the exercise of a tenant’s break and the tenant’s right to assign or underlet its premises as far as possible without damaging any future rent review on the grounds that the lease contains onerous conditions....

Jun
08
2017

1954 Act Protection – Is it worthwhile?
#Real Estate

Members of the Real Estate Team at Clarkslegal are often asked by clients whether a lease that has the protection of the Landlord & Tenant Act 1954 is more valuable than a lease which does not have the benefit of such protection....

May
11
2017

Easements – Rights to Recreation Added to Possible Classes of Easement
#Real Estate

The right to do something on someone else’s land (such as use a track or lay pipes) in perpetuity appears to be a pretty simple concept. In practice, what the law calls “easements” are more complex to define. A recent case has made the definition of what can constitute an easement wider....

May
02
2017

Found the perfect venue? Watch out for hidden costs
#Real Estate #Food and Restaurants #Hospitality & Leisure

Starting up your own business can be tough, but dealing with the consequences of poor planning is even tougher. Real Estate partner Simon Ralphs and Clare Garner from Prestige Business Solutions outline the top things to look out for when searching for your perfect location...

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....

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