Landlord, Tenant and Property

• Commercial Stamp Duty Land Tax: Beginner's Guide Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is a fundamental change. The old Stamp Duty regime taxed documents, so it was...
• Compensation for Loss of Light Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more recent case has offered guidance on how much compensation might be payable...
• Construction Act Changes On 1 October 2011, changes to the Housing Grants, Construction and Regeneration Act 1996 (normally called the Construction Act) came into force. These apply to all relevant contracts entered into from that date. The changes include: The removal of the...
• Data Protection Guidance for Landlords The Information Commissioner's best practice guide for landlords - written to to assist them in complying with the Data Protection Act can be downloaded from the Information Commissioner’s website . The guide includes a checklist which is intended...
• Landlords - Dealing With Pre-Pack Tenants Businesses in financial difficulties are increasingly seeking ways of ridding themselves of extra costs and, in many cases, premises let in more promising economic times are viewed as a substantial and avoidable liability, especially for businesses which...
• Mixed Premises - Legal Status Living ‘above the shop’ is quite common in the small business sector and where the premises are rented, the lease will cover both the business and residential parts of the property. However, the statutory basis for repossession is quite different...
• Options and Pre-emption Rights Prospective purchasers and vendors of land frequently wish to ‘lock in’ the other party to the deal and the means by which this is done will normally involve the prospective vendor either giving the prospective purchaser an option to purchase the...
• Relaxed Change of Use Regulations Now in Force Changes to planning law that came into effect on 15 April 2015 will make it easier for several types of business to change the use of their premises as the rules that apply to the grant of planning permission for change of use between different use classes...
• Removing or Modifying Covenants Over Land   Covenants over property are a potential nightmare for developers but fortunately there are circumstances in which a covenant can be removed. If the beneficiaries of the covenant for which removal is sought cannot be persuaded by...
• Rent Arrears Protocol Where a  landlord wishes to gain possession of a property occupied by a tenant under a secure tenancy, where possession is sought on the grounds of arrears of rent. specific procedures must be followed which do not apply to claims in respect of long...
• SIPPs and Your Business Property The Self-Invested Personal Pension (SIPP) was introduced in order to give people far more control over how their pension pots are invested and have proven to be very popular with pension savers. One common use of the SIPP in a business context is to sell...
• Tenancy Deposit Protection Schemes - Rules If you are a landlord it is vital that you are aware of the requirement that all deposits taken by landlords and letting agents for Assured Shorthold Tenancies (AST) in England and Wales must be protected by a tenancy deposit protection scheme. There are...
• Termination of Leases - Tips for Landlords When tenants seek to vacate premises, reduce the size of their premises or renegotiate their leases, problems can be created for landlords. Here are some tips for landlords to help deal with tenants when a break clause in a lease is looming: Be ready. Do...
• Termination of Leases - Tips for Tenants Break clauses in commercial leases have probably received more attention from tenants in the last year or so than at any time since the early 1990s. For tenants seeking to break their leases, here are some pointers: Make sure any notice to break the lease...
• The Duty to Manage Asbestos - HSE Guidance According to statistics provided by the Health and Safety Executive (HSE), asbestos is the single greatest cause of work-related deaths in the UK. Every year 1,000 people who have been involved in carrying out building maintenance and repair work die as a...
• Understanding Options People who want to buy a property but do not currently have the means to do so, or who simply want to be guaranteed the opportunity to buy it during a specified period or at some future date, will often undertake an option agreement with the owner. Under...
• When Green is Brown (and Vice Versa) Development in rural areas presents a number of challenges for planning teams and developers alike. Whilst planning policy is clear that previously developed (i.e. 'brown') land is to be used for new housing in preference to undeveloped...
• When is an Environmental Impact Assessment Necessary? The The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply to any development likely to have significant effects on the environment by virtue of its size, nature or location. If a Local Authority fails...
• Who Pays the Rates? When a company that is the tenant of a property goes into liquidation, it is normal for the liquidator to disclaim the lease on the premises. Business rates must be paid by the 'person entitled to possession of the property' (Local Government...