This category can only be viewed by members.
Elizabeth Small and Michael Armstrong address the issues that will be of immediate interest to anyone in the property arena ‘The chancellor introduced a new anti-avoidance strategy aimed at preventing people “using the tax law to get an advantage that Parliament never intended”.’George Osborne declared Britain ‘open for business’ in his budget speech on 23 …
Continue reading "Budget 2011: Business taxation"
This post is only available to members.
Victoria Leam considers the issues surrounding a case where a developer’s unilateral undertaking remained enforceable despite a finding that it was unnecessary ‘These days, even when there is little dispute with the council, undertakings are routinely prepared and submitted for ease and speed or in the hope that an inspector will allow the appeal, taking …
Continue reading "Planning Permission: Unnecessary undertakings"
This post is only available to members.
Laurie Heller discusses the legal principles relating to severance clauses and their effectiveness in practice ‘It is submitted that a severance provision of general application will seldom have any practical effect as being too abstract, and the courts will take little notice of it in applying general principles.’Most practitioners will be familiar with the typical …
Continue reading "Severance Clauses: Do we need them?"
This post is only available to members.
Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The Coalition Agreement promises a radical reform of the planning system to give people more ability to determine the shape of the places in which they live. Many of …
Continue reading "Planning And Environment Focus: Planning applications: proposed changes to the consultation requirement"
This post is only available to members.
Sarah Youren reviews proposals for change to the Statutory Guidance accompanying the contaminated land regime, as well as proposed changes requiring public consultation on future development The contaminated land regime was brought into effect in England on 1 April 2000. It applies to all land, whether residential, commercial, industrial or agricultural. It can affect owners, …
Continue reading "Planning And Environment Focus: Potential changes to the contaminated land regime"
This post is only available to members.
With the threshold for business rate relief to be significantly reduced as of April this year, Sue Boyall assesses the options for mitigating liability ‘Tenants should remember that until such time as their lease is terminated, or until they have found an acceptable assignee or under-tenant, they may remain liable for empty rates under their …
Continue reading "Empty Business Rates: Lowering the threshold"
This post is only available to members.
Alasdair Thomas reviews the findings on appeal of a case involving a business tenant who, by acquiring a part of the freehold reversion to its lease, was able to prevent the other freeholders from terminating the lease ‘It seems most unlikely that those responsible for drafting s44(1A) of the Landlord and Tenant Act 1954 envisaged …
Continue reading "Case Study: The never-ending tenancy: part 2"
This post is only available to members.
Richard Webber looks at the re-launch of PACT and asks whether landlords and tenants who are renewing their business leases should take advantage of it more often ‘PACT tends to work best where the parties have narrowed the issues between them and seek, collaboratively, to resolve them by reference to a third party.’PACT (Professional Arbitration …
Continue reading "Landlord And Tenant Update: PACT relaunched"
This post is only available to members.
Keith Shaw reports on the importance of vacant possession in rent review situations, and warns of the potential pitfalls ‘The rent review hypothesis assumes, as at the review date, that the lease including the rent review clause does not exist. Logically, therefore, any occupation by a tenant in possession has to be disregarded, and it …
Continue reading "Back To Basics: Vacant possession and rent review"
This post is only available to members.
When is it unreasonable to reject mediation, and what are the consequences of doing so? John Starr investigates ‘A successful party may be faced with the possibility of being refused an order for payment of their costs by the unsuccessful party for having unreasonably failed to mediate.’The recent case of Rolf v De Guerin [2011] …
Continue reading "Construction Focus: Lost opportunities"
This post is only available to members.
