Lupton Fawcett LLP - Openbrief » Commercial Property

Chancel repair liability - what is it and why is a search required?

Charles Jackson — Tue, 10 Mar 2009 09:28:34 +0000

This historic liability originates from medieval canon law when the rector of a parish was responsible for the repair of the church chancel (the part over the altar where the service is celebrated). The liability still exists and the obligation to repair the chancel attaches to the former rectoral glebe land. This land may have [...]

Licensed premises - control of noise

Charles Jackson — Tue, 10 Mar 2009 09:26:17 +0000

The issue of noise both inside and outside licensed premises is one which licensees should consider carefully following the commencement of the smoking ban and the introduction of recent Regulations. The smoking ban forced smokers outside the premises but if they cause excessive noise whilst they are there, whether it is from the beer garden [...]

Property transactions online - what stage are we at?

Charles Jackson — Tue, 10 Mar 2009 09:22:59 +0000

The Land Registration Act 2002 brought in the legislative framework to introduce electronic conveyancing. The Land Registry has carried out much consultation on the subject in the period since then but what substantive developments in this area have there actually been? The parts of the Act dealing with electronic conveyancing envisaged a time when charges and [...]

Energy Performance Certificates now required on disposals of commercial property

Charles Jackson — Tue, 10 Mar 2009 09:19:56 +0000

As from 1 October 2008, all commercial properties require an Energy Performance Certificate (”EPC”) to be produced when they are constructed, let or sold. An EPC is intended to inform any potential purchaser or tenant of a commercial building about the energy performance of that building. Lease renewals and surrenders of leases are excluded from [...]

Landlords beware – give lease assignments proper attention

Charles Jackson — Tue, 03 Mar 2009 10:36:26 +0000

Landlords should be aware of the implications of not taking firm action and following the correct procedure following an unlawful, informal assignment of a lease. By following the correct procedure, and completing a licence to assign, a landlord can remove the risk of an unwanted new tenant obtaining the right to occupy premises. The recent Court [...]

1954 Act: contracted out?……….or not?

Charles Jackson — Mon, 02 Mar 2009 09:45:48 +0000

Landlords should be aware of a recent decision in the case of Newham LBC vs Thomas-Van Staden: it provides an example of the need for their solicitors to be very careful in their drafting when contracting a lease out of the Landlord and Tenant Act 1954 (”1954 Act”). The case concerned a drafting error in [...]

Can a seller trigger a payment to itself under an overage agreement?

Charles Jackson — Thu, 22 Jan 2009 10:22:22 +0000

Overage provisions are generally used where a seller wishes to share in any potential development value in a property that might be realised after completion of a sale. A seller is likely to require an overage obligation from the buyer where there is a reasonable belief that the land may be redeveloped or that permission [...]

Telecoms apparatus: useful income or unhelpful burden?

Charles Jackson — Thu, 13 Nov 2008 17:21:29 +0000

We are all familiar with the sight of telecoms masts or aerials sitting atop buildings or on high land. Many were put in place in the 1990’s and provided useful additional income for property owners, often viewed as a real windfall - who else would pay good money for the use of the roof of [...]

Propco/opco structuring

Charles Jackson — Fri, 07 Mar 2008 09:45:18 +0000

“Propco/opco” structuring has been a buzz phrase over the last few years, particularly in the care home and hotel sectors. It is a way for the owner of a business (not just a care home or hotel business) which has freehold or long leasehold assets to make the most efficient use of those assets, [...]

Property developers should consider rights of light issues prior to development

Charles Jackson — Mon, 08 Oct 2007 10:07:14 +0000

Developers must ensure that they fully consider whether any adjoining owners’ rights of light will be breached well before they commence work on a development. That was the message from a recent case before the Court of Appeal in which a developer was heavily penalised because they did not take this into consideration. In Regan [...]

New laws can prevent landlords from recovering possession

admin — Mon, 08 Oct 2007 09:36:58 +0000

Landlords may be unable to recover possession of property, which a tenant occupies under an Assured Shorthold Tenancy, if they fail to comply with new laws on the holding and return of tenant’s deposits. The new Tenancy Deposit Schemes are designed to limit the number of disputes between landlords and tenants regarding [...]