Tag Archives: lease

Leasehold pitfalls – termination risks of leasehold development site structures

Author: Simon Elliott, Senior Associate, Real Estate, London A number of recent transactions where we have acted for banks and lenders have emphasised that care needs to be taken by developers at the outset of a project when buying into … Continue reading

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Filed under Development, Investment, Landlord and tenant

Forfeiture traps for developer landlords

Author: Matthew Weal, Associate, Real Estate Dispute Resolution, London What do you do if you acquire a site containing problem tenants who may consistently be in arrears of rent or in breach of covenants under their leases?  It is understandable in these … Continue reading

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Filed under Development, Dispute resolution (property litigation), Landlord and tenant

IPF Non-Disclosure & Exclusivity Agreements

Author: Richard Forsdyke, Partner, Real Estate, London We find this interesting and so thought we would share. To save unnecessary time and resources drafting bespoke agreements, the Investment Property Forum ("IPF") has published a standard form Non-Disclosure Agreement ("NDA") for parties … Continue reading

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Filed under Development

When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment … Continue reading

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Filed under Construction and Engineering, Development, Landlord and tenant

Lease Renewals: Landlord & Tenant Act 1954 and Ground (f): Ensure the landlord at the time of the court hearing is the entity with the intention to carry out the works!

Author: Rachel Croft, Senior Associate, Real Estate Dispute Resolution, London This post follows from our previous posts on a landlord's right to oppose a tenant's request for a lease renewal (under the Landlord and Tenant Act 1954).  Here we look at … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Terminating a business tenancy using the redevelopment ground – Part 1: Showing the landlord’s intention to redevelop

Author: Frances Edwards, Senior Associate, Real Estate Dispute Resolution, London One of the most common questions we are asked by developers at the land assembly stage of their scheme is what they need to show in order to be certain … Continue reading

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Filed under Development, Dispute resolution (property litigation)

Defects: what should a tenant think about when considering a pre-let?

Author: Nick Turner, Partner, Real Estate, London I often find I'm sitting in meetings on large office pre-lets debating the length of the period that the developer will be on the hook for its development obligations."  Is six years market?" "Is … Continue reading

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Filed under Development

Black Wednesday for M&S as it loses Supreme Court Battle…

The Supreme Court unanimously rules that, in the absence of express wording in the lease, Marks and Spencer is not entitled to an apportioned refund of rent and other charges after it had exercised a break clause in its lease … Continue reading

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Filed under Development, Dispute resolution (property litigation)