The answer is that it will depend on the terms of the sale and purchase agreement. When dealing with commercial property, the parties usually rely upon the Standard Commercial Property Conditions which provide at Condition 8 that the Property is at the risk of the buyer from the date of the Contract....
We are often asked by landowner clients whether there is any legal right to go on to a neighbour’s land to carry out repair and maintenance works where it is not possible to carry out such works from the landowner’s own property and there is no legal right in place allowing access to the neighbour’s land. If the Party Walls legislation does not apply to the site in question, the Access to Neighbouring Land Act 1992 (“the Act”) may be of assistance. ...
Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère....
The new telecommunications code came into force in December 2017. The act is an innovative step which is designed to give licensed telecoms operators statutory rights to place, and keep equipment, on private land. The aim is to improve connectivity; however, the code raises several issues which Landowners need to be alive to....
Often the hardest part of opening a restaurant is finding the perfect premises and location for your venture but once you are in then you then need to make it a success....
The importance of Sellers and Landlords ensuring the replies they give to pre-contract enquiries are kept up to date throughout a transaction and that the Buyer or Tenant is notified of any changes was recently highlighted in the case of First Tower Trustees Limited and another v CDS (Superstores International) [2017] EWHC B6 (Ch). A misrepresentation claim was made by the Tenant when their prospective Landlord failed to update replies to enquiries. ...
From 1 April 2018, Stamp Duty Land Tax (SDLT) has been replaced for transactions relating to properties in Wales with Land Transaction Tax (LTT). LTT has been introduced pursuant to the Land Transaction Tax and Anti-avoidance of Devolved Taxes Act 2017....
Property related FAQs by franchisees....
The very real risk of an owner of land allowing rights of access over their land and then these leading to a dedicated public right of way was recently highlighted in the case of R v Cumbria County Council and Peter Lamb [2017] EWHC 2651. It is therefore worth considering how the local authorities assess whether a public right of way has been established, to hopefully prevent landowners from suffering from this potential incumbrance on their land....
From 1 April 2018 the Energy Efficiency (Private Rented property) (England and Wales) Regulations 2015 impose a new legal standard for minimum energy efficiency which will apply to rented commercial buildings. From this date it will be against the law for a landlord to grant a new lease of commercial property with an EPC Rating of F or G. This will also prevent the granting of new subleases and lease renewals....
In parts of England and Wales it is quite common for the title of a property to contain a reference to the mines and minerals being excluded from the surface owner’s ownership and excepted and or reserved to another party, although it may not be shown who owns them. ...
Most potential commercial tenants will budget for what they expect to be the usual costs of taking a lease, such as the main rent, legal fees and any rent deposits required by the landlord, but often there are some hidden or unexpected costs that also need to be considered....
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....
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. ...
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....
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....
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....
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....
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....
Read our useful guide packed full of tips for anyone looking for their first restaurant premises....