Commercial Law Updates
Rubbish
AUGUST 2010
QUESTION: “I own a parade of shops. One of the retailers leaves its rubbish outside its store on a communal forecourt. A customer has tripped over some of the scattered rubbish and is claiming damages for injuries. Am I liable? ...
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Security of Tenure
AUGUST 2010
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 t ...
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Superior Lease Forfeiture
AUGUST 2010
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?”
< ...
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Service Charges
AUGUST 2010
? 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 liabil ...
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Collateral Warranty
AUGUST 2010
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. Wh ...
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Insurance and Repairs
AUGUST 2010
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 th ...
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Fire Certificate
August 2010
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 iss ...
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Property development rights for loft conversions, rear and roof extensions and driveways
JUNE 2010
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.
...
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Indemnity Clauses
JUNE 2010
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 ...
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Responding to S.25 Notice
JUNE 2010
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 Landlo ...
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