Real Estate Commercial: Articles

There is a general rule which establishes that a landlord can never, upon the expiry or termination of a tenancy, be bound by a sublease (whether created lawfully or not).

With a view to stimulating growth and increasing the availability of residential property, the government has recently announced its intention to extend permitted development rights, which is intended to make it easier for building owners to change the use of their property without a formal application.

Article covering the considerations in the calculation of dilapidation claims at the end of a lease agreement

Environmental law has become an increasingly material consideration in property transactions over the last decade since Part 2A of the Environmental Protection Act 1990 came into force. Contaminated land is land in such a condition that it causes or is deemed likely to cause significant harm or to cause pollution of controlled waters.

The Code aims to promote flexible leasing arrangements, efficiency and fairness. It advocates an approach whereby lease negotiations are conducted from the outset in an open and constructive manner.. read more

Article advising on the issues to consider when taking on a partially completed site from a developer that might not have the funds to complete the project

Article providing advice on how to avoid potential issues with planning

As a developer, you will appreciate that realising value from a site with potential for development is not without risk. There are hazards at every stage of the land promotion; determining whether title to the land is satisfactory, the fear of the landowner withdrawing from the project and the significance of unforeseen costs that arise during the ever changing planning process.

Landowners must be careful to take positive practical action to prevent users of their land from gaining unintended rights of way.

Article about changes to the law which will reduce Stamp Duty Land Tax for investors in residential property acquiring multiple dwellings.

Article discussing the key issues from the RICS Code of Practice for Service Charges in Commercial Property which aims to reduce the number of service charge disputes.

It is not uncommon for a commercial lease to contain a break clause in favour of the tenant. However, in the prevailing economic climate and perhaps now more than ever, it is essential that tenants with the benefit of a break clause are actually able to exercise them.

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