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Archive for the ‘Contract’ Category

 

“Endeavours” Clauses in contracts for the assignment of leases 0 Comments

“Endeavours” Clauses in contracts for the assignment of leases
  • Posted: 7 years ago
  • Category: Business Leases, Contract, Landlord and Tenant

Proposition:  An obligation (such as to be found in the Standard Conditions of Sale (Fifth Edition)) on the part of the assignor of a lease to use “reasonable endeavours” (or “efforts”) to obtain the consent of the landlord could well oblige the assignor to apply to the court for a declaration that the landlord is acting […]

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Charities and Authorised Guarantee Agreements (AGAs) 1 Comment

Charities and Authorised Guarantee Agreements (AGAs)
  • Posted: 7 years ago
  • Category: Business Leases, Charities, Contract, Tenants

Proposition: Tenants who are charities are unlikely to have power to enter into AGAs on the assignment of their leases, and trustees who do enter into AGAs could, if an assignee fails, incur personal liability.

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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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  • Can the Planning System Protect Solar Panels from Overshadowing?
  • Duval and Worse: How to Make Management of a Block of Flats Impossible
  • Planning Applications by Gypsies and Travellers (Revisited)
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  • The Treatment of Inherent Defects in Leases (Updated 2017)

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  • Business Leases (19)
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  • Landlord and Tenant (20)
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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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