April 2017 #350 – Law Journals

Leases: When the side becomes the main

Anna Ralston takes a closer look at termination traps in rent concession letters ‘Parties to side letters need to consider carefully the content of any potential termination mechanisms.’ Finding a concession letter nestled in the deeds packet is very common. Commercial landlords and tenants often document the ‘main deal’ in the lease and then agree …

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Contract: The letter of the law

In a question of construction the court will give precedence to the strict meaning of the contract. Ed Socha and Sarah Mitchell explain ‘The process of construction requires that the court assumes, if possible, that every word and phrase has been considered and deliberately inserted.’ The recent case of Dooba Developments Ltd v McLagan Investments …

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Planning Update: A complex process

Michele Vas explores current approaches to assessing compensation in the context of CPOs ‘Disregarding the value arising from the CPO scheme and the value arising from the application of planning assumptions is not an easy task.’ The promotion of nationally significant infrastructure projects such as HS2, Crossrail and garden cities, together with the recent (and …

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Environment: How green is your lease?

Knowledge of environmental, social and governance (ESG) is in increasing demand from clients. Barbara Webb gives the lowdown ‘With a focus on maintaining an income stream, it will rarely be justifiable from an investment perspective (or even possible) to obtain vacant possession of a building from tenants in order to allow a wholesale “green overhaul”.’In …

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Construction Focus: Details, details

John Starr considers the amount of detail required in an interim payment application ‘Despite the recent case law on the need for unambiguity in interim payment applications, the judge in Kersfield Developments decided that not all irregularities or deficiencies would have the effect of invalidating an otherwise compliant application.’ There has been a considerable amount …

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Book Review: Providing context

Jonathan Karas QC finds Assets of Community Value: Law and Practice a useful tool in interpreting the legislation In the past property rights have been regarded as important. When Parliament reformed them it was believed that it did so with precision and care. These days, things are different. Legislation is now sometimes loosely drafted. The …

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Housing White Paper: Home sweet home

Suzanne Benson and Tom Barton assess the impact of the long-awaited housing white paper ‘The government has marketed its significant proposals as a “give-and-take” relationship between central government, local authorities and private developers.’The housing white paper issued on 7 February 2017 led with the challenging title of Fixing our broken housing market. The supporting paper …

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Business Rates: The rocky road to revaluation

Bryan Johnston discusses the impact of the controversial business rates revaluation ‘A business currently just about making profit may, following revaluation, be landed with a higher rates bill.’ On 1 April 2017, the controversial business rates revaluation takes effect. Normally, revaluation does not generate front-page headlines, even in the property press. However, the 2017 revaluation is different. …

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