| October 2008 |
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The Construction Act: Update |
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In July the draft Construction Contract Bill 2008 was published which will amend part 2 of the Housing Grants, Construction and Regeneration Act 1996 (“the Act”), the consultation period for which has now ended.
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This alert summarises the main changes proposed in relation to the form of construction contracts and payments made under construction contracts.
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| July 2008 |
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Green Leases |
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Location and price are always going to be the key drivers in the decisions of property developers, investors and users. However, energy efficiency and other sustainability features (eg water and waste management) are increasingly featuring in the decision making process of some businesses.
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With the government’s intention to make all new commercial buildings zero carbon by 2019, and the knock-on effect this will have on the market generally, this is a trend which we think is likely to continue gathering pace for some time to come.
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| May 2008 |
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Energy Performance Certificate (“EPC”) |
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The Energy Performance of Buildings Directive was introduced with the aim of improving the energy performance of buildings in the EU. Not only does it set minimum energy performance requirements for buildings, but it also provides that an Energy Performance Certificate ("EPC") must be available to a prospective buyer or tenant whenever a building is constructed, sold or let.
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| April 2008 |
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Law Reform – Rights Affecting Property – Easements and Covenants |
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Easements and covenants are of practical importance to a large number of landowners and developers. Rights of way or covenants restricting the development of land will have inevitable consequences for the viability of any proposed development. Recent cases dealing with rights of light have illustrated how important the proper consideration and interpretation of these rights can be to the success of commercial developments...
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| February 2008 |
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Failure to complete |
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The recent downturn in the commercial property market is likely to lead to an increase in the number of purchasers failing to complete. In such circumstances, the vendor’s ability to forfeit the deposit will be a key consideration for the parties
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| June 2007 |
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A Landlord’s Guide to complying with The Code for Leasing Business Premises |
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The Code for Leasing Business Premises in England and Wales 2007 is the result of a government-endorsed collaboration between a number of groups representing both landlords and tenants.
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| April 2007 |
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Damages for infringement of right to light based on share of profit |
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In another recent decision that will cause concern to developers, Tamares (Vincent Square) Limited v Fairpoint Properties (Vincent Square) Ltd [2007], the High Court has awarded a claimant substantial damages (despite the very limited loss of amenity) based on one third of the profit generated by that part of the development built in breach of the claimant’s right to light.
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| March 2007 |
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RICS Code of Practice for Service Charges in Commercial Property |
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The Royal Institution of Chartered Surveyors has published a Code of Practice for Service Charges in Commercial Property (“the Code”), which comes into effect on 1 April 2007 in England and Wales.
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| November 2006 |
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Developers beware injunctions to protect right to light |
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In a recent decision that will cause concern to developers the Court of Appeal has effectively reversed the present tendency of Courts to grant damages instead of injunctive relief to neighbours complaining about interference to their rights to light...
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| October 2006 |
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Changes to the Law of Distress |
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The Government is proposing to abolish the common law right to distrain for arrears of rent and to replace it with a new statutory right of commercial rent arrears recovery (called “CRAR”).
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| June 2006 |
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CVAs – are they an escape for tenants from unwanted leases? |
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The recent spate of Company Voluntary Arrangements (CVAs) is concerning many landlords and rightly so given their potential impact on future rental income and investment value...
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| April 2006 |
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Planning Gain Supplement |
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PGS is a development tax, through which the Government hope to capture a “modest” proportion of the uplift in land value following the grant of planning permission.
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| February 2006 |
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Regulatory Reform (Fire Saftey) Order 2005 |
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There is no smoke without fire but who is responsible?.. One of the main changes implemented by the Order is that Fire Certificates will be abolished...
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| November 2005 |
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The New JCT 2005 Suite of Building Contracts |
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The new contracts are simpler and easier to read than their predecessors. Each now has Articles of Agreement, Conditions of Contract and Schedules. Headings have been added and the order and title of the clauses has changed.
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| November 2005 |
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Dangers of Underletting Without Landlord’s Consent |
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The recent case of Crestfort Ltd & ors v Tesco Stores Ltd & anor [2005] EWHC 805 (Ch) will serve as warning to tenants and undertenants that seek to enter into an underlease which is in breach of the dealing provisions of the headlease.
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| October 2005 |
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Update to the New Construction Industry Scheme |
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Get ready for 6 April 2007. The new construction industry scheme is coming.. but one year later than expected!
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| October 2005 |
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The New Construction Industry Scheme |
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The new CIS regulations are are designed to reduce the regulatory burden on the industry, to improve compliance with tax obligations and to help construction businesses to get the employment status of their workers right.
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| June 2005 |
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Joint Contracts Tribunal (JCT) |
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full bulletin >> |
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| April 2005 |
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Use Classes Order |
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The
changes introduced by the
amended Order have potentially
significant implications
for property owners, in particular
those in the food, drink
and nightclub industries.
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full bulletin >> |
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| March 2005 |
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The Freedom of Information Act 2000 |
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In
short the Act provides a general
right of access for anyone,
on request, to information
held by public authorities
(including publicly owned companies)
in the UK (save for Scotland),
in order to enhance transparency
and accountability within the
public sector.
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full bulletin >>> |
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| February 2005 |
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Exemplary Damage Awarded to Tenant |
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If
a landlord breaches its statutory
duty either to consent within
a reasonable time or to give
its decision within a reasonable
time it may be liable to
pay damages to the tenant.
Clearly such damages may
be substantial if the tenant
has lost the opportunity
to assign or sublet the premises.
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full bulletin >> |
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| Pre 2005 |
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View pre
2005 Legal Bulletins >> |
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