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James Daglish
 

Yet another break notice hazard warning

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It seems that barely a year goes by without a break clause related tale of woe emanating from the Courts. Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor can be added to that ever expanding...

What happens if you fail to register your new lease?

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New leases for seven years or more must be registered at the Land Registry, normally by the Tenant, and within 2 months of completion. But what happens if you don’t? It rather depends on whether your landlord’s title is registered or not....

Minimum Unit Pricing

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Will cheap alcohol in Scotland soon be a thing of the past? Health campaigners may hope so. Some in the industry don’t! Either way, the Minimum Unit Pricing case is in the Supreme Court on Monday and Tuesday (24- 25 July 2017), and is...

Residential Service Charge consultation - developers beware!

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It is relatively widely known that landlords of residential blocks must consult their tenants before they can recover (in full) certain items through the service charge regime. For example, if they wish to carry out a substantial redecoration of the exterior...

Illegal Working in Licensed Premises

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There hasn’t been much publicity about this, but these measures (see link below) are specifically for the Licensed Trade (alcohol and late night refreshment), and came into force on 6 April 2017. In short it is part of a clamp down on illegal...

Alcohol and Late Night Refreshment Figures

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The latest Government figures for alcohol and late night refreshment licences are out. Two points stand out for me. First, the ongoing climb in the number of premises licences suggests a general resilience in the sector, which is encouraging....

Serving notice - still not as simple as it sounds!

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The serving of notices sometimes feels more akin to bomb disposal, than posting a letter. The slightest wrong turn can potentially prove fatal! Unfortunately that has only been compounded by a recent Scottish case. Courts have generally taken a...

Lessons for the food and restaurant trade from the Fabric case

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The high profile closure of Fabric, and recent resolution to enable it to re-open, may seem a far cry from the average retail food offering. Much of it was! However, there are some important points to take on board, which are applicable more widely. First...

The power of the spoken word... to vary a lease

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It is not uncommon in the commercial property world for arrangements to be made to re-schedule or change the pattern of rent payments. When it comes to short leases and the like, a recent Court of Appeal case has highlighted the need for care when making...

The limitations of forfeiture

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Conceptually forfeiture is perhaps the landlord’s ultimate sanction against tenants who do not comply fully with the terms of their lease. And from the tenants’ side, a serious motivator to comply! However, a recent Court of Appeal...

Heat Network (Metering and Billing) Regulations

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Their name may not inspire, but if you are a landlord of commercial or residential multi-let buildings where heating hot water or air cooling is provided centrally to individual units, and via a liquid, then you need to take note! Billing...

Protocol for applications for consent to assign or sublet

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Of the various attempts to strike a fair balance in the landlord and tenant relationship, and to mitigate some of its rougher edges, at the ‘softer’ end are those that seek to influence and guide rather than prescribe or legislate. Of late...

More Change to The Licensing Regime Ahead?

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Alcohol consumption, and night time leisure activities, remain hot topics for journalists and politicians alike. Hard on the heels of this Government’s “re-balancing” reforms of the Licensing Act 2003, further changes are afoot. The...

Green and Pleasant Land

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Marks & Spencer recently set out a new policy under which all new store leases will contain ‘green’ clauses as standard. And more than that, M&S want to ‘retro fit’ green clauses into their existing store leases. ...

Give Me a Break Clause!

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In recent years, conditions to break clauses have generally become slimmer and more focused. There has been an increasing acceptance that if the conditions are too broad, particularly in respect of compliance with tenant covenants as a whole, it makes...