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Feb
23
2015

Land Registry – Protection from fraud
#Real Estate

In view of the increased risk of fraud and following high profile cases, the Land Registry has introduced means to protect individuals and companies who own property (where the title is registered at the Land Registry) against fraudulent transactions taking place without their knowledge. ...

Feb
02
2015

Wake up and smell the coffee!
#Real Estate

The coffee sector in the UK is booming and seems set to continue this trend in the near future. A recent report by Allegra World Coffee Portal predicts turnover in the coffee market will rise from £7.2 billion to reach £16.5 billion by 2020....

Jan
06
2015

A bright future for roof top solar?
#Real Estate

There is no denying that the solar energy industry has enjoyed great growth in recent years and with the cost of solar energy decreasing then this can only mean the sector will continue to thrive in the near future....

Jan
06
2015

Planning Obligations – Changes to Section 106 Contributions
#Real Estate

Planning obligations form part of the planning process and will usually be invoked by the local planning authority when a planning permission is sought by a developer. They are used to mitigate the impact of new buildings on the local community and infrastructure, and are imposed by a Section 106 Agreement which is a legal agreement between the applicant seeking planning permission and the local planning authority....

Dec
05
2014

A Business Partner`s Entitlement to Apply for a new Lease under the landlord and tenant act 1954
#Real Estate

The Court of Appeal (CA) has very recently decided that an application for a new business tenancy made by one of two business partners was not a valid application where the existing lease was held by both partners. The CA`s decision held that both joint tenants must join in any application for a new tenancy under the Landlord and Tenant Act 1954 ("the Act") unless there is an applicable statutory exception. The case in question is Lie v Mohile [2014] EWCA Civ 728....

Dec
01
2014

Restaurants battle it out
#Real Estate

The restaurant sector has always been fast moving and competitive. Buoyed by current eating trends and increased consumer spending the newer restaurant brands are expanding their mini empires whilst the larger operators are protecting their market share with modern renovations and a determined push to grow still further....

Nov
10
2014

The AGA Saga continues...an update
#Real Estate

The recent case of Tindall Cobham 1 Ltd v Adda Hotels [2014] has questioned the position reached by the K/S Victoria v House of Fraser (Store Management) Ltd [2011] case. As we reported in our update "A Guarantor or not a guarantor? That is the question." the K/S Victoria case confirmed that a lease obligation requiring an existing group company guarantor to guarantee the lease obligations of an associated assignee company was void....

Nov
10
2014

Empty property rates following a disclaimer
#Real Estate

The High Court has clarified the position on who is responsible for business rates following disclaimer of a lease in Schroder Exempt Property Unit Trust and another v Birmingham City Council [2014]....

Nov
10
2014

Breach of covenant preventing assignment
#Real Estate

In Singh v Dhanji [2014], a landlord refused to grant to the tenant licence to assign a 15 year lease of premises used as a dental practice unless the tenant:...

Nov
10
2014

Break clauses and overpaid sums
#Real Estate

The Court of Appeal has recently reversed the decision of the High Court in the controversial case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and (2) BNP Paribas Securities Services Trust Company Limited [2013]....

Nov
10
2014

Scaffolding affecting tenant`s enjoyment
#Real Estate

In Century Projects Limited v Almacantar (Centre Point) Limited & others [2014], the claimant tenant held a 36 year lease of the top floors of Centre Point Tower at Tottenham Court Road, London which it used as a high class restaurant and private members` club. It sought an injunction to restrain the landlord from carrying out external works to the cladding of the tower which involved the erection of scaffolding around the building, including scaffolding at the level of the top floors....

Nov
06
2014

Conditionality in Agreements for Lease
#Real Estate

It is not always possible or desirable for an agreement for lease to be unconditional. Often, there is a need for an agreement for lease where the ultimate grant of the lease is conditional upon certain conditions being satisfied. This can lead to disputes, where it becomes in the interest of either party to try to wriggle out of its obligation to take the lease....

Nov
06
2014

Are pub closures signalling last orders for the UK pub sector?
#Real Estate

Public Houses have been closing at an increasing level in recent years. In August this year the Campaign for Real Ale (Camra) reported that pubs were closing at a rate of 31 a week with fewer than 55,000 British pubs in operation....

Oct
27
2014

Station retail remains on track
#Real Estate

As many of us will experience every day the UK`s train stations are getting busier. With more people using the often creaking infrastructure every year the result is that there is a consistent annual increase in footfall at all of the major train stations in the UK. According to Network Rail more than a staggering one billion people, on average, pass through one of their 19 managed stations every year....

Oct
10
2014

An update on the application of competition law to restrictions on use in retail leases
#Real Estate

The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property....

Oct
10
2014

Popping-up Everywhere
#Real Estate

A brief look at the commercial requirements and the legal aspects a pop-up tenant looks for and needs to consider when choosing premises....

Sep
05
2014

Changes in the application of VAT to lease surrenders
#Real Estate

Landlords and tenants will welcome a recent change in HMRC policy on the application of VAT to the surrenders of leases....

Sep
03
2014

Capital Allowances: fixtures in commercial buildings
#Real Estate

Rule changes from 1 April 2014 could have serious effects for commercial property owners....

Aug
29
2014

Making a Will - The distinction between memory and testamentary capacity
#Real Estate

A recent case in the Court of Appeal (Simon v Byford and others [2014] EWCA Civ 280) reviewed the test of capacity for those seeking to make a Will. The Court of Appeal drew a clear distinction between capacity and memory. It held that the test for capacity depended on the potential capacity to understand, rather than memory, and stated that the test for capacity did not extend to unknown or unintended consequences of testamentary dispositions...

Aug
06
2014

Landlord opposed lease renewal on the basis of substantial breach of the Lease
#Real Estate

The Court of Appeal has very recently considered circumstances where a Landlord was opposed to the renewal of the Lease protected by the Landlord and Tenant Act 1954 on the basis of disrepair and breaches of covenant. The case in question is Youssefi v Mussellwhite [2014] EXCA Civ 885....

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