Home > Legal Opinions tagged Property

  • discretion to vary Part 36 consequences

    Tim Rayner

    A recent judgment could give tenants even more ammunition against those landlords who continue to pursue inflated terminal dilapidations claims. Duncum v Churm (Oxford County Court) did not involve dilapidations but may still have important implications in that arena. A Part 36 offer of £202,500 was accepted against an original claim value of £1 million, […]

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  • business rates warning over vacant property refurbishments

    Sarah Parkinson

    Owners of vacant non-domestic premises that are undergoing refurbishment should not automatically assume that their properties will be assessed at a nominal rateable value. The Court of Appeal has held that a property that had been undergoing internal refurbishment was not exempt from business rates. In this instance, on the valuation date, various major building […]

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  • concern for transfers of a going concern?

    Luke Robinson

    Selling or buying a property subject to an existing agreement for lease (AFL) can be outside the scope of VAT as the sale of a property rental business to the buyer, provided it meets the statutory conditions for a transfer of a going concern (TOGC). However, a recent Upper Tribunal case ruled that there was […]

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  • landlord’s right to erect scaffolding on retail premises

    Kirsten Walters

    In Century Projects Ltd v Almacantar (Centre Point) Ltd, the tenant ran a high class restaurant at the top of Centre Point Tower with panoramic views over London.  The landlord proposed to erect scaffolding shrouded by sheets, which the tenant believed would have a devastating effect on its business, wanting the landlord to use workmen […]

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  • are home delivery services by the big four supermarkets sustainable?

    Kirsten Walters

    With the news that Ocado has posted a profit for the first half of its financial year, there are hopes it will make an annual pre-tax profit for the first time since it was founded in 2000. However, a survey by Knight Frank has revealed that home deliveries are a loss-leading service which may ultimately […]

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  • can the layout of a retail store be registered as a trade mark?

    Laura Mackenzie

    In a potentially ground-breaking decision the Court of Justice of the European Union has confirmed (in response to an application by Apple Inc. for a device mark depicting its flagship store design) that – subject to certain notable caveats – a representation that depicts the layout of a retail store by means of an integral […]

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  • court delivers food for thought over lease renewals

    Sima Odedra

    Iceland Foods v Castlebrook Holdings Ltd [2014] neatly illustratesthe balance which the court must strike when deciding on the terms of a renewal lease. Iceland occupied the premises under a long lease. Upon expiry Iceland sought a renewal lease for a term of 5 years (Iceland wanted to maintain flexibility in, what were then, volatile […]

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  • break rights and overpayments – case law update

    Sarah Parkinson

    Do you remember the Marks and Spencer Plc v BNP Paribas case last year? M&S had a break right which was conditional on there being no arrears at the break date (as well as paying a financial penalty). Having paid the full quarter’s rents to exercise the break right, the judge implied a term that […]

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  • taking notice of contractual provisions

    Ryan Harrison

    In Friends Life Ltd v Siemens Hearing Instruments Ltd a lease provided that “the Tenant may determine the Term on the Termination Date by giving the Landlord not more than 12 month’s [sic] and not less than six month’s [sic] written notice, which notice must be expressed to be given under section 24(2) of the […]

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  • displaying EPCs - a new sanction for non-compliance

    Sarah Parkinson

    You may remember that the Energy Performance of Buildings (England and Wales) Regulations 2012 introduced a new obligation to display an EPC in any non-residential building that is frequently visited by members of the public, where the building has a total useful floor area of more than 500 sq metres. The EPC must be displayed […]

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  • basis of tenant’s occupation following expiry of contracted out lease

    David Harris

    Where a tenant remains in occupation following the expiry of a contracted out lease, does it occupy as a tenant at will or as a periodic tenant? The Court of Appeal has confirmed that where the parties are negotiating for the grant of a new lease, a tenancy at will is most likely to be […]

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  • Speculative industrial developments lead to more flexibility in lo...

    Kirsten Walters

    Harworth Estates’ announcement of the first speculative industrial development in Yorkshire since 2007 follows recent research from CBRE showing after years of over-supply of logistics space across Yorkshire, there has recently been a sharp drop in availability of “oven-ready” sites. Several of our national logistics clients have addressed the shortage of good quality, affordable warehouse […]

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  • administrators’ liability for rent

    Sarah Parkinson

    The Court of Appeal has overturned the rule that administrators are not liable to pay any rent that falls due prior to their appointment, even though they continue to use premises for the purposes of the administration. Game Station Ltd (‘Game’) went into administration on 26 March 2012, without paying the quarter’s rent due on […]

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  • a tenant’s right to remove its fixtures

    Richard Miller

    The Court of Appeal has held that the tenant of a long lease of a steel works which it had constructed was not entitled to remove large items of plant and machinery during the term of the lease. The High Court had previously held that the items in question were tenant’s fixtures, which a tenant […]

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  • Licence for alterations and releasing a guarantor

    Richard Miller

    The Court of Appeal has upheld a decision from last summer that a licence for alterations entered into without joining in a guarantor or obtaining its consent operated to release that guarantor. This is based on the common law rule that a variation to a principal contract (without the guarantor’s consent) releases the guarantor unless […]

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  • click and collect – are you enjoying the experience?

    Sarah Parkinson

    It occurs to me that with the continued growth of click and collect facilities across the country – whether these are within stores, at petrol stations, designated parcel lockers and so on – retailers need to be really careful with the customer experience and effect on brand. We’ve already seen how difficult it has been […]

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  • Supreme Court rules on environmental costs considerations

    Dmitrije Sirovica

    The Supreme Court has ruled on appropriate costs following an ECJ reference as to the test to be applied to ensure that environmental judicial reviews were not prohibitively expensive. A number of significant points could be extracted from the ECJ decision: 1. The test was not purely subjective and should not exceed the financial resources […]

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  • energy efficiency alone insufficient for planning permission

    Dmitrije Sirovica

    In the case of Stephen Scrivens v Secretary of State for Communities and Local Government [2013] EWHC 3549 (Admin), the Court recognised the need, when decisions are made on planning applications, to protect the environment and the intrinsic character and beauty of the countryside in a world of sustainable development. Planning permission was refused in […]

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  • no liability for costs of pre-action letter

    Dmitrije Sirovica

    In R (on the application of Cherkley Campaign Limited) v Mole Valley District Council [2013] EWHC 3558 (Admin) the judge, having allowed the claim, held that the cost of the pre-action letter written on behalf of the Campaign for the Protection of Rural England (CPRE) was not recoverable. The circumstances were such that CPRE was […]

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  • multiple breaches of a single stop notice leads to multiple fines

    Dmitrije Sirovica

    When David Lewis was issued with a stop notice by the local planning authority he continued to work and faced six separate charges relating to work on various separate days. St Albans Magistrates’ Court fined him £3,500 for each separate offence, £1,000 higher than the £20,000 maximum for a single offence of this type. On […]

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