Clarkslegal LLP - Solicitors in Reading and London

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Nov
13
2018

Clarkslegal bolsters its Thames Valley presence with Corporate and Real Estate Partner appointments
#Clarkslegal #Commercial #Corporate #Real Estate

Clarkslegal is pleased to announce two new partner appointments to its Thames Valley office. Stuart Mullins joins the Corporate team and brings with him a wealth of experience acting for SMEs and corporates on mergers, acquisitions, banking, corporate law and commercial matters. Mark Izqueirdo is appointed to head the Real Estate team in Reading and brings with him over 20 years’ experience in the property market. Mark specialises in investment and development work (residential and commercial) and is highly regarded for the transactional work he undertakes. Managing Partner, Monica Atwal, welcomes Stuart and Mark commenting: “We are delighted with the new appointments to key growth areas for our practice. The appointments demonstrate our continued commitment to the Thames Valley and underline our position at the forefront of commercial legal services in the region”...

Nov
13
2018

Landlords beware when consenting to Tenant’s works
#Real Estate

The implications for a landlord consenting to tenant’s alterations in breach of an absolute prohibition contained in a lease were recently highlighted in the case of Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 (Decision 18 October 2018). Although this is a case concerning a residential lease, the finding also has implications for landlords of mixed use and commercial properties. ...

Nov
12
2018

Involuntary bailees: how do I get rid of possessions left in a property?
#Dispute Resolution #Real Estate

Clarkslegal has recently assisted a boatyard owner in the disposal of an abandoned steamboat. Whilst this is was an unusual scenario, it is often the case that when a tenant vacates a property, they leave behind unwanted possessions or goods, which have to be cleared before the property can be re-let. If what has been left behind is clearly just rubbish, the landlord can probably just dispose of it. But items or goods, even if the tenant appears to have abandoned them, are more complicated and cannot simply be thrown away. In this case, the landlord becomes what is known as an ‘involuntary bailee’ of the items and has a duty not to deliberately or recklessly damage or destroy them. So what should the landlord do with them?...

Nov
02
2018

Clarkslegal Recognised by Chambers and Partners 2019
#Clarkslegal #Employment #Dispute Resolution #Real Estate #Construction #Press

Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
30
2018

Clarkslegal Recognised by UK Legal 500 2018  
#Clarkslegal #Complex Contracts #Employment #UK Immigration #Construction #Real Estate #Education #Public Sector #Press

Clarkslegal is delighted to announce that Legal 500 has recognised the firm for the following practice areas; Construction, Commercial Contracts, Commercial Litigation, Commercial Property, Corporate & Commercial, Education, Employment, Immigration and Local Government....

Oct
08
2018

The Benefits and “Pit-falls” of Shared Work-Spaces
#Real Estate #Information Technology

Shared work spaces are designed to accommodate flexible, agile working and are gradually becoming more widespread in the commercial property market. The appeal is obvious; affordable, shared, serviced work-hubs where the Tenant can rent a space, nurture their business and share ideas with like-minded cohabitees from a diverse range of backgrounds. ...

Sep
03
2018

Japanese knotweed – What a nuisance!
#Real Estate

Fallopia Japonica, otherwise known as Japanese knotweed, has always been seen as an aggressive nuisance to property owners but the recent case of Network Rail Infrastructure Limited v Stephen Williams and Robin Waistell [2018] EWCA Civ 1514 has now confirmed that the presence of Japanese knotweed is also an actionable nuisance. This case involves some knotweed on Network Rail’s land that was within 7 metres of the two claimants’ properties....

Aug
14
2018

What happens when the property is damaged after exchange of contracts? Does the Buyer still have to complete its purchase?
#Real Estate

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....

Jul
09
2018

Can I have access to a neighbour’s land to carry out works to my property?
#Real Estate

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. ...

Jul
02
2018

Clarkslegal advises Chef Emily Roux in Joining Her Family’s London Restaurant Dynasty
#Real Estate #Food and Restaurants #Press

Clarkslegal, led by real estate lawyer Simon Ralphs, advised Chef Emily Roux on all of the property aspects of her new venture Caractère....

Jun
12
2018

Telecommunications Code
#Real Estate #Information Technology

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....

May
23
2018

‘Top 5 tips when looking for and taking on restaurant premises’ – Simon Ralphs writes for Time & Leisure
#Food and Restaurants #Real Estate #Press

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....

May
08
2018

Sellers and Landlords Beware - Why you must keep replies you give to enquiries up to date
#Real Estate

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. ...

Apr
10
2018

Welsh Land Transaction Tax: what you need to know
#Real Estate

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....

Apr
04
2018
Mar
13
2018

Beware all landowners! Be careful not to inadvertently grant a public right of way over your land.
#Real Estate

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....

Feb
13
2018

Minimum Energy Efficiency Standards (MEES) – A guide for commercial buildings
#Real Estate

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....

Feb
13
2018

What does it mean when the Land Registry title to my property says that mines and minerals are excepted?
#Real Estate

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. ...

Jan
02
2018

Top tips on how to save money when taking a commercial lease.
#Real Estate

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....

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....

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