Insights & News

Rates debate - Re-development or disrepair?

07 July 2017

Business rates have been big news recently following the Government’s controversial revaluation which took effect from 1 April 2017. Against the backdrop of all this negativity, the Supreme Court decision of Newbigin (Valuation Officer) v S J & J Monk [2017] at least provided some positive news for those carrying out developments or refurbishments of property.

Tenants still can’t assign to their guarantors

07 July 2017

There are often very good reasons why a lease would be assigned to a guarantor (e.g. corporate restructuring or the tenant’s insolvency). However, a case in 2016 - EMI Group Ltd v O & H Q1 Ltd - decided that such an assignment would be void at law, even if all parties agreed to it.

Seller/Landlord beware! You need to take care with replies to preliminary enquiries

07 July 2017

As part of any commercial property transaction a seller/landlord will usually be required to provide to the prospective buyer/tenant replies to a set of pre-contract enquiries (known as “preliminary enquiries”) – typically using the standard form Commercial Property Standard Enquiries (CPSEs) .

Ignore Japanese knotweed at your peril!

07 July 2017

Japanese knotweed is an invasive non-native species and is problematic because it can cause physical damage to land and buildings, particularly through spreading roots. During the summer months, it can grow up to 10 centimetres a day and roots can extend to a depth of three metres and up to seven metres laterally. The presence of knotweed can have a significant and detrimental effect on the marketability and insurability of property and may also adversely affect value.

Landlord & Tenant Act 1954 - The Basics

Inbrief

27 June 2017

Part II of the 1954 Act is perhaps the most important legislation governing commercial premises. The provisions of Part II of the Act were substantially amended with effect from 1st June 2004 and did away with many of the tactical manoeuvres that were available under the old regime.

Lewis Silkin delighted to be associated with long standing client Sager House (Almeida) Limited

Deal

20 June 2017

Lewis Silkin is delighted to be associated with long standing client Sager House (Almeida) Limited (a joint venture between the Sager Group of companies and US investment fund Cain Hoy) in providing legal services for the delivery of a major mixed use development of the former North London Post Sorting Office off Upper Street, Islington.

Clicks & bricks - keeping digital while going physical

Press

06 June 2017

Julia Poulter and Tom Merrick have written an article for Essential Retail as they take a look at the challenges of omnichannel and what e-tailers should think of before turning to physical.

Right to Rent immigration checks: increasing pressure on the property rental market

Press

30 May 2017

Joanna Hunt has written an article for 24housing which discusses the Government's 'right to rent' checks and their increasing pressure on the rental market.

Proposed disclosure rules for non-UK entities owning property or bidding for Government contracts

12 April 2017

The UK Government proposes new rules requiring non-UK entities that already own, or intend to acquire, UK real estate, or that wish to bid for UK central Government contracts, to be required to disclose information about the beneficial owners of the entity.

Beware of copyright when considering existing planning permission

02 March 2017

The recent judgment in Signature Realty Ltd v Fortis Developments Ltd & Anor is an excellent example of the application of copyright in a planning and building context.

Estate agent unable to claim his fee on successful property sale

17 February 2017

The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.

New Court form for Warrant Requests following suspended possession orders

21 December 2016

The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.

Lewis Silkin advises Be Heard Group Plc on its acquisition of Kameleon Worldwide Limited

Deal

15 December 2016

Lewis Silkin has advised Be Heard Group plc, a digital marketing services group, on its 100% share capital acquisition of Kameleon Worldwide Limited, an award-winning content marketing agency.

Any more BIDs

Inbrief

20 November 2016

Business Improvement Districts (BIDs) are partnerships between local businesses and local authorities which aim to improve defined commercial trading areas by providing additional services funded collectively by business rate payers.

The Heat Network (Metering and Billing) Regulations 2014

11 November 2016

The Heat Network (Metering and Billing) Regulations 2014 are designed to implement the metering and billing requirements of the 2012 EU Energy Efficiency Directive. This article looks at the detail surrounding the implementation.

Short-term lettings

Inbrief

08 November 2016

If you are looking for new short-term premises for your business, did you know that there are actually a whole range of legal forms a short-term letting can take? This Inbrief sets out the different options available for short-term occupation of business premises and considers the advantages and disadvantages associated with each.

Flowers fails to reign over Cardiff City Council but solidifies the importance of CPR 83.2- Landlords beware!

25 October 2016

Lady Justice Arden and Lord Justice Briggs in the matter of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (“Flowers”).

The London Olympic legacy dream was real – but four years on, is it still alive?

18 August 2016

As we find ourselves enjoying both the carnival-style spectacle of Rio 2016 and the success of the British athletes at the Games, the build-up felt somewhat tainted by the media frenzy surrounding the clear health risks faced by the athletes and visitors (and the wider global community), the Russian doping scandal and the ongoing protesting on the streets of Rio.

Rachel Francis Lang comments in latest TMT feature for Property Week

Press

27 May 2016

Rachel Francis-Lang has been quoted in Property Week, 'Good to grow - how landlords are capitalising on TMT boom'

What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms

18 January 2016

“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!