Commercial Law Updates


Responding to S.25 Notice


QUESTION: I received a section 25 notice from my landlord three months ago and have still not dealt with it. Is there anything I can do to put it right?

Don’t panic. To be a valid notice under section 25 of the Landlord and Tenant Act 195 ...

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Indemnity Clauses


Indemnities are often described as "standard" provisions as though that automatically makes them reasonable. So what is an indemnity?

An indemnity is a promise by one party (party A) to reimburse another party (party B). Sounds pretty inn ...

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Possessory Title
QUESTION: I am buying a property. There is a strip at the side, which the sellers say they have occupied since 1975, but it is registered as part of the next-door neighbour's land. Is it safe to go ahead?

Yes. Surprisingly it could be saf ...

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Property development rights for loft conversions, rear and roof extensions and driveways
The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 came into force on 1 October 2008 and made changes to the planning regime governing development of houses in England.

The changes are t ...

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Fire Certificate
QUESTION: “I understand there have been changes to fire regulations for tenants. I have a fire certificate, but is there anything else I need to do?”

Under the previous legislation if a fire certificate had been issued for an unaltered pr ...

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Insurance and Repairs
QUESTION: “I am a tenant of office premises that have been damaged by a risk against which the landlord has not insured. The landlord says I must repair the damage. Is this right?”

You NEED to check the terms of the lease to establish you ...

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Collateral Warranty
QUESTION: “A defect has appeared in a property I recently bought. At time of buying, I received a collateral warranty from the contractor, but it has since gone bust. I understand the defect was caused by a subcontractor. What can I do?”

...

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Service Charges
SERVICE TENSION – Landlords of residential properties may be left subsequently out of pocket if they do not follow the statutory provisions for recovery of service charges.

THE CASE – A tenant challenged her liability for service charges ...

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Superior Lease Forfeiture
QUESTION: “We have a 99 year of a property. Our freeholder has granted a lease to a third party who appears to be in our immediate landlord. What happens to our lease if the freeholder forfeits that ‘superior’ lease?”

In practice the free ...

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Security of Tenure

QUESTION: “I am granting a commercial lease and do not want to give security of tenure to my prospective tenant. What type of declaration do I need before completing the lease?”

The procedure for contracting out of the security of t ...

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