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Dec
11
2017

Is the Local Pub Becoming a More Attractive Commercial Option?
#Real Estate

The slow decline of the local has been well publicised in recent years; exacerbated by the price of your pint in the pub remaining high compared with supermarket beer and food sold in pubs being subject to VAT, while food sold in supermarkets is not....

Nov
13
2017

Liability For Reduction In Value Of Neighbouring Properties Due To Japanese Knotweed
#Intellectual Property #Real Estate

Japanese Knotweed is a fast-growing invasive species and is a significant problem because it can cause physical damage to buildings and land. It is expensive and time consuming to permanently remove. Clarkslegal was instructed on the sale of a development site which was delayed for over a year when the buyer found Japanese Knotweed on site and insisted that the seller remove it before completion. ...

Oct
06
2017

Real estate fraud – help us help you to eliminate the risk
#Real Estate

One of the biggest benefits of the digital and information age has been the increased agility in carrying transactions – these are now able to take place almost instantaneously. This increased agility has brought with it the problem of increased vulnerability – especially to the risk of fraud....

Sep
11
2017

Does a commercial tenant in a commercial building have responsibility for fire safety, or should the property owner deal with it?
#Real Estate

The Grenfell Tower fire struck on 14 June 2017 in the 24-storey block of public housing flats in North Kensington, West London, causing at least 80 deaths and initiated a debate into fire safety and the rights and responsibilities of tenants and landlords. in relation to fire safety in premises, including in commercial, as well as residential, premises....

Aug
07
2017

Protected Business Leases: Holding Over Under the Landlord and Tenant Act 1954 – What Rights and Obligations Does the Tenant Have?
#Real Estate

A “Protected Lease” is a lease that has the benefit of security of tenure under the Landlord and Tenant Act 1954 (“the 1954 Act”). Only a lease which has security entitles the tenant to remain in its business premises when its lease expires and “hold over” and, except in certain circumstances, obliges the landlord to grant the tenant a new lease on updated, but generally no more onerous terms than the old lease. This note applies only to Protected Leases....

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....

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