Commercial development

Time at the bar for Wandsworth hostelries’ PD rights?

Wandsworth Council has recognised the crucial role pubs play in the lives of this sceptered isle’s residents; they are akin to cafes on the continent: drinkers of espresso in Italy and imbibers of pastis in Provence all need a local to go to to share one’s woes and to discuss whether Juventus will be knocked off the Serie A perch this season and whether this year’s mistral is going to wreak greater havoc than last year’s.

Administration fees are not planning obligations

It is now common practice for developers to simply cite the Oxfordshire County Council v Secretary of State for Communities and Local Government and others ([2015] EWHC 186 (Admin)) case as providing justification as to why Councils’ / County Councils’ monitoring / administration fees are not justified and, therefore, should not be paid. However, I believe that this blanket approach is incorrect.

Modelling the sands of time

In any aspect of modern life, it is difficult to avoid the impact of time. English authors have been writing about it for centuries. With an office location in Shakespeare country, I am reminded of the Bard’s line “better three hours too soon than a minute too late”. Admittedly that quote relates to protecting honour by being in the right place at the right time, but then again, how many final account “duels” do we encounter within the construction sector?

Constructing flood resistant developments

The apocalyptic weather endured by Britain over the last few months has, inevitably, reignited the discussion about building in flood prone areas. A similar debate triggered after the 2007 floods resulted in the independent Pitt Review which concluded that much of the problem was due, among other things, to poor water management infrastructure and excessive surface water run-off. One answer may be greater take up of SuDs

Forfeiture of residential long leases

When seeking to recover arrears of service charge, the simplest method is to issue county court proceedings; in around 80% of cases, nothing further is needed. Once a county court judgment (CCJ) is obtained, the arrears are paid either by the defaulting tenant or, more usually, by their mortgage company. However, in cases where the tenant and/or their mortgagee fails to pay, the ultimate sanction is forfeiture.

Terminating a commercial oral tenancy

A number of difficulties can arise where the tenancy of commercial premises has not been recorded properly in writing. Usually these types of tenancies will form into periodic period tenancies and the length of the period will be determined by the frequency of the rent payments. If the agreement is for rent of ‘X’ amount a year payable monthly then a yearly periodic tenancy would have been created. However, if the rent is agreed at ‘X’ amount per month then a monthly periodic tenancy will have been created.

Criminal offence to squat in a residential building

The statutory instrument which enacts Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 has now been made. This means that from 1 September 2012 it will be a criminal offence to squat in a residential building. Anyone squatting in a residential building at that date, even if they entered before the 1 September 2012, will be committing a criminal offence if they originally entered without permission.

Recovery of unpaid rent from subtenant

If a tenant has not paid a quarter’s rent and the premises is sublet then it is possible for the landlord to serve what is known as Section 6 Notice, which is a notice under Section 6 of the Law of Distress (Amendment) Act 1908. The notice requires the subtenant to pay the rent the subtenant would normally pay to the head tenant to the superior landlord until such time as the arrears specified in the notice are paid off.

Landlord and tenant fixtures - who owns what?

A question that we are often asked is “How do you identify what is a landlord’s fixture and what is a tenant’s fixture?”. This becomes particularly important to the parties at the end of a lease. Who the fixtures are attributed to can have a very significant impact on the way they should be treated. To be considered as a tenant’s fixture the items must have been affixed to the premises by or on behalf of the tenant and belong to a recognised category of tenant’s fixture.
1 2

Filter by article type