The Budget and business rates relief
A quick glance at the news and you’ll know that shopping in the UK is changing. Online giants such as Amazon and Asos have been a death knell for the high street. Stores have been struggling and not just the small ones. Longstanding household names, House of Fraser, Toys ‘R’ Us and Debenhams, amongst many, […]Read more
Knowing the Boundary
Pursuing boundary disputes through the courts can be a very costly and stressful exercise. The parties usually end up incurring legal costs disproportionate to the value of the land itself and often end up falling out irretrievably with their neighbour. In the light of this a new protocol, known as the Protocol for Disputes between […]Read more
32 reasons to give replies to CPSEs your full attention
A recent case has highlighted the importance of providing accurate replies to Commercial Property Standard Enquiries (CPSEs) and keeping them up to date. CPSEs come in many different guises depending on the particulars of a transaction, but the main and most frequently used beast is CPSE 1; a lengthy set of 32 enquiries which requires […]Read more
To surrender or not surrender?
When is a commercial lease surrendered? The question may appear straightforward but as the tenant found out in the recent case of Padwick Properties Limited v Punj Lloyd Limited the answer is not always as simple as it seems. The landlord granted a 21 year lease of an office block to the tenant company. The […]Read more
Adverse possession is a principle of property law that applies to both residential and commercial property. It is the legal basis on which ‘squatters rights’ can be claimed for land that is occupied by somebody who is not the legal owner of the same. In order to claim adverse possession of the land in question […]Read more
Beware the repair! – Top tips for limiting your liability
About to take on a lease of commercial premises? Make sure you are aware of the repair liability you are taking on… An FRI lease is the abbreviated term for a lease which imposes full repairing and insuring obligations on the tenant, relieving the landlord from all liability for the cost of and repairs. Most commercial leases will place […]Read more
How low can you go?
Following the introduction of Energy Performance Certificates (EPC’s) on 1 August 2007, the property market has been slow to react to the results shown by them. With this in mind, the Energy Act 2011 obliges the Government to bring into force measures to improve the energy efficiency of both non-domestic and domestic properties. The easiest way […]Read more
When is not amending a premises licence a safe bet?
When you want to sell alcohol from a property to the general public, you need to have a premises licence from the local authority to be able to do so. If you don’t have a premises licence, you can be prosecuted and shut down by the local authority and / or the police. Your premises […]Read more
When is a Tenant not a Tenant?
Commercial property owners are often faced with a dilemma, whether to grant access to a Tenant on a short term basis whilst a lease is agreed or whether to hold out and insist that the lease is completed. It is important that landowners/tenants are aware of the implications of agreeing early access to a Tenant, […]Read more
A permanent waive – Still a bad idea!
Much like the hairstyle of choice for the ‘80s, a hastily signed waiver letter by a Landlord may seem like a good idea at the time but, with the benefit of hindsight, could prove itself to be a regrettable mistake. It’s a common enough situation; a Tenant is expecting the arrival of machinery or equipment, […]Read more
The VAT element of a commercial property transaction is important for all parties involved (buyers, sellers, landlords, tenants and of course their respective solicitors) and it is critical for VAT to be addressed at the outset of every transaction and, crucially, to be specifically addressed in the contract itself. A commercial property developer/landlord is able […]Read more
Are you risking Business Rates liability whilst fitting out a property for occupation?
The recent case of R3 Products Ltd v James R Salt  UKUT 0333 (LC) acts as a reminder for all tenants to carefully consider their liability for business rates before they take occupation of a commercial property and not make the assumption that they will not be liable for business rates until such time […]Read more