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Archive for the ‘Business Leases’ Category

 

The Treatment of Inherent Defects in Leases (Updated 2017) 1 Comment

The Treatment of Inherent Defects in Leases (Updated 2017)
  • Posted: 1 year ago
  • Category: Business Leases, Development Leases, Land Law, Landlord and Tenant

The appalling tragedy of Grenfell Tower has caused me to reflect further on a subject which I have written about before. That is the liability of whichever of the landlord and tenant under a lease is liable for repair, to make good what I still find it convenient (although somewhat out of fashion) to call […]

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Index Linked Rent Reviews (Updated) 0 Comments

Index Linked Rent Reviews (Updated)
  • Posted: 1 year ago
  • Category: Business Leases, Development Leases, Landlord and Tenant, Tenants

Some years ago, I published a blog post on my website on the subject of index linked rent reviews in leases of commercial property.

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The Treatment of Inherent Defects in Leases 0 Comments

The Treatment of Inherent Defects in Leases
  • Posted: 3 years ago
  • Category: Business Leases, Development Leases, Land Law, Landlord and Tenant

Proposition: modern leases of commercial property rarely, if ever, attempt to provide in a balanced and equitable way for the treatment of inherent defects. I am available to advise on the issues covered by the following blog post, and any other issues concerning Property Law, including planning, compulsory purchase, easements, restrictive covenants and anything else […]

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Chattels and Tenants’ Fixtures 1 Comment

Chattels and Tenants’ Fixtures
  • Posted: 6 years ago
  • Category: Business Leases, Landlord and Tenant

Proposition: (1)  A tenant under a business lease can always (and at any time) remove chattels owned by him; (2)  where an item is not a chattel but a fixture it forms part of the premises demised by the lease; (3)  fixtures which qualify as “tenants’ fixtures” (sometimes called “trade fixtures”) may (subject to the […]

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Tenants’ Break Clauses : Conditionality 0 Comments

Tenants’ Break Clauses : Conditionality
  • Posted: 6 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

Proposition: (1)  The right of a tenant to break a lease of business premises before the end of the contractual term should not be subject to any precondition other than that the tenant is up to date with the principal rent, gives up occupation and leaves behind no continuing subleases.

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Restrictive Covenants 0 Comments

Restrictive Covenants
  • Posted: 6 years ago
  • Category: Business Leases, Development Leases, Land Law, Landlord and Tenant

Proposition:   (1)  Where a restrictive covenant is expressed to be for the benefit and protection of so much of the seller’s adjoining or adjacent land as is capable of being benefitted, the court normally starts with the assumption that the restriction is capable of doing so. (2)  The burden on the person who seeks to […]

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Rights of Pre-Emption and the Rule Against Perpetuities 2 Comments

Rights of Pre-Emption and the Rule Against Perpetuities
  • Posted: 6 years ago
  • Category: Business Leases, Land Law

Proposition:   (1)  A right of pre-emption (or “first refusal”) does not (unless granted in relation to registered land after 13th October 2003) create an immediate interest in land; and

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The Provision of Security Under Development Leases 0 Comments

The Provision of Security Under Development Leases
  • Posted: 6 years ago
  • Category: Business Leases, Development Leases, Landlord and Tenant

Proposition:  Where a long development lease permits multiple redevelopments, the lease should require a developing tenant to provide the landlord with security before commencement of the redevelopment.

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Consensual Rights to Light and Successors in Title 3 Comments

Consensual Rights to Light and Successors in Title
  • Posted: 6 years ago
  • Category: Business Leases, Development Leases, Easements, Landlord and Tenant

Proposition:   Where, for the purposes of s.3 of the Prescription Act 1832, a right to light is enjoyed by the dominant tenement as a result of a consent or agreement in writing made or given by the owner of the servient tenement, it is likely that, in the majority of cases, a successor in title […]

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Tenants’ Right to Carry Out Improvements II 0 Comments

Tenants’ Right to Carry Out Improvements II
  • Posted: 6 years ago
  • Category: Business Leases, Landlord and Tenant

Proposition:  Whilst an absolute prohibition, in a lease of business premises, against redevelopment or the carrying out of structural alterations is not effective, it may be possible to allow redevelopment subject to conditions.

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Welcome

These blogs are intended to cover matters of interest in connection with property law in England and Wales. I hope they will be of interest to all concerned in the property industry; they are not intended solely for lawyers, and I will try and strike a balance in posts in order to achieve both readability and accuracy. This may lead to what a lawyer might see as a degree of over-simplification; lawyer (and indeed non-lawyer) subscribers are very welcome to tell me what I have got wrong or to express contrary views or ask for authority for any propositions I put forward – all comments will be welcome.

I will, wherever possible, include links to statutes and cited cases. So far as case law is concerned, I am indebted to the British and Irish Legal Information Institute (BAILII) for allowing me to link to the vast amount of case law which they have accumulated on their site. The site is an enormously helpful research tool; BAILII is a charity which is dependent on donations from law firms and others to expand its already extensive database.

I may also from time to time use this facility to express non-legal opinions on topical issues, and these are listed under “Non-Legal Opinions”.

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Recent Posts

  • Planning Applications by Gypsies and Travellers (Revisited)
  • Cyclists fit for cities?
  • The Treatment of Inherent Defects in Leases (Updated 2017)
  • Index Linked Rent Reviews (Updated)
  • The Treatment of Inherent Defects in Leases

Recent Comments

  • Toby Clark BSc CFIOSH PIEMA Cert Ed on The Treatment of Inherent Defects in Leases (Updated 2017)
  • ian M on Solar Panels and the Right to Light
  • Planning Applications by Gypsies and Travellers (Revisited) on Applications for Planning Permissions by Gypsies and Travellers
  • Hairyloon on Rights of Pre-Emption and the Rule Against Perpetuities
  • Anthony Cunnington on Easements: The Right to Light and Trees

Categories

  • Business Leases (19)
  • Charities (2)
  • Compulsory Acquisition (2)
  • Contract (2)
  • Development Leases (7)
  • Easements (3)
  • Land Law (7)
  • Landlord and Tenant (19)
  • Non-Legal Opinions (1)
  • Planning applications (1)
  • Tenants (8)
  • Town & Country Planning (4)

Disclaimer

Any views which may be expressed in this blog are my own; the intention is not to give legal, or any other, advice but to open up a subject for discussion. There is no intention on my part to create any duty of care or lawyer/client relationship – anyone who does rely upon any view I may express does so at their own risk, and I cannot and do not accept any liability whatsoever for any loss arising from anyone’s reliance on anything contained in any posting, or any other information contained in this website or in any linked websites.
 
Please bear in mind also that the law changes; I do not make a practice of constantly revising and updating all past posts so you should have regard to the date of the posting and to any subsequent developments in the law (though if there was any really dramatic change I might, but do not undertake to, make it the subject of a separate post).

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