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....
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....
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...
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....
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....
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....
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....
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....
For the Landlord of commercial premises who has granted a protected lease, what options are available at the expiry of the contractual term?...
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....
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....
From a director of a property management company to a real estate director with a developer, all in such a position will routinely grapple with dilemmas such as reconciling conflicts of interests, managing shareholders expectations, choosing between business strategies, or trying to rein in an overbearing CEO....
It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?...
A recent case to come under the spotlight was Riverside Park Ltd v NHS Property Services Ltd [2016], which emphasised the importance of clearly identifying what a chattel or fixture is in order to ensure vacant possession is given....
In the recent case of Marlbray Ltd v Laditi and another [2016] EWCA Civ 476, the Court of Appeal decided that a contract signed by a buyer on behalf of himself and his wife without her authority was valid....
The UK is known as a nation of shoppers. Over the last few decades shopping has become a leisure activity and shopping centres have become the place to spend at least part of each weekend – an opportunity to look at the latest stock and to try out various dining options....
Under the Town and Country Planning Act 1990, planning permission is needed for the carrying out on land of any development. Development is defined as including the carrying out of building operations on land or making any material change in the use of any buildings or other land....
Those of you who attended our property seminar on 11 May 2016 heard about the circumstances in which a Tenant can recover damages from their Landlord where their Landlord has breached terms of the Lease...
The Internet of Things (‘IoT’) is not a particularly novel concept: the idea that everyday items be connected to the internet and be enabled to send and receive data is something which has been in development for a while. More and more ‘uses’ for this type of technology are being developed....
The prospect of the upcoming referendum on a British exit from the EU, or ‘Brexit’, is the currently the centre of much debate. It is very difficult to envisage what a post-Brexit Britain would look like; in the event of a leave vote, there is no blueprint for the terms of the settlement which would need to be negotiated with our European cousins....