It has been a difficult 2018 for all of us and with increased uncertainty over what the future holds in Europe consumers seem to have tightened their belts and spent less on eating out. ...
The Electronic Communications Code 2017 (“the New Code”) came into effect on 28 December 2017 with the aim of making it easier for operators to obtain and secure certain rights. This was motivated by the Government’s wish to speed up the roll out of broadband and mobile network coverage across the UK, accepting that digital access is no longer considered a luxury but a necessity in line with other utilities. ...
Earlier this year, the Supreme Court decided in Rock Advertising Ltd v MWB Business Exchange 2018 that, where a written contract states that it can only be varied by observing specified formalities (for example by doing so in writing and signed by both parties), those formalities will – in most circumstances – need to be observed if the variation is to be effective. This decision has far-reaching consequences, because many contracts are varied informally by the parties during their life without checking the requirements, which can be fatal to enforcement if a dispute arises. ...
Landlords and tenants will be familiar with the security of tenure provisions contained in the Landlord and Tenant Act 1954, which give tenants the right to renew their leases on expiry. Landlords can only object to a renewal on a limited number of grounds. One of those most frequently relied on by landlords is ground (f), which is that the landlord intends to demolish or reconstruct the premises subject to the tenancy, and cannot do so without obtaining possession from the tenant....
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 Izquierdo 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”...
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. ...
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?...
Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
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....
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. ...
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....
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....