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Commercial Property e-news

Planning consent and developments within the Lake District National Park

Napthens - August 12th 2019

Sometimes we showcase work achieved by other professional practices with whom we work and this project deserves highlighting given its location, the aspiration of the design and what has been achieved.

What is an option agreement?

Napthens - August 9th 2019

With a growing number of landowners across the region marketing their land for development, option agreements are growing in popularity as a method of structuring deals and harvesting interest from potential developers. We explore some key issues in relation to options.

Fraudulent claims and fake enforcement agents

Napthens - October 2nd 2018

We have recently been contacted by a client who received a telephone call from an enforcement agent warning that he would be sending agents to our client’s business address to remove vehicles and property within 2 hours of the telephone call.

Deregulation Act – important changes coming into play

Napthens - October 2nd 2018

Landlords who granted an assured shorthold tenancy in relation to a residential property on or after 1 October 2015 should be well aware of the new requirements placed on them by the Deregulation Act, which came into force that day. However, landlords who granted a tenancy before that day may not be aware that from 1 October 2018, the legislation will also apply to them - regardless of when the tenancy was granted.

Leasehold enfranchisement reform paper published

Napthens - October 2nd 2018

The Law Commission has published its highly anticipated consultation paper detailing proposals to reform the current leasehold enfranchisement process by make it easier and less costly for leaseholders to extend their lease or purchase the freehold of their house or flat.

Concurrent liability in building defects

Napthens - October 2nd 2018

A recent TCC (Technology and Construction Court) case highlights the inherent difficulty of dealing with concurrent liability for defects in a building involving a developer, tenant and contractor. The case provides a useful review of the legal position and difficulties that arise when a tenant has a full repairing lease but the contractor is liable to both the developer (under its building contract) and a tenant (under its collateral warranty) for the same defect.

Current trends: planning permission in the Lake District National Park

Napthens - October 2nd 2018

With its newly awarded World Heritage Site status, the decisions of the Lake District National Park’s Planning Authority are coming under new levels of scrutiny. Commercial developers are being forced to refocus their objectives to meet current trends in planning decisions. Napthens have been considering what these trends currently look like and how their commercial property clients can benefit from being ahead of the game when it comes to ‘what’s hot and what’s not’ in planning.

I want to break free

Napthens - July 6th 2018

A recent High Court case has highlighted the importance of clear drafting on commercial let agreements and the costs and problems that can arise if agreements and terms are not clear.

Adjudication enforcement decisions on rise

Napthens - July 6th 2018

There has been a run on adjudication enforcement decisions in recent weeks, and here, Leigh Child, looks at some of the keys principles and guidance that have arisen from them:

The National Planning Policy Framework – unravelling the draft proposals

Napthens - July 6th 2018

The National Planning Policy Framework (NPPF) was published in 2012; it sets out the government's planning policies for England and how these are expected to be applied. Six years on, consultation (which concluded in May of this year) has taken place on a revised NPPF which introduces some key changes to this document.

Commercial leases: ‘don’t mention it’… no – do!

Napthens - April 23rd 2018

Head of commercial property litigation, David Bailey, examines a recent Court of Appeal case which reinforces the importance of landlords and tenants ensuring a lease comprehensively sets out the parties' obligations towards each other.

Making a saving: are you calculating ‘rateable value’ correctly?

Napthens - April 23rd 2018

A recent Supreme Court decision concerning the legal position around whether plant or machinery should be included when calculating a property's rateable value, is likely to have far reaching implications.

Are further reforms on the horizon for leasehold tenure?

Napthens - April 23rd 2018

Leasehold reform across the new housing sector has been in the limelight since the Government's consultation last year. Our head of plot sales, Heather Keighley, takes a look at progress.

Business rates – ignore at your peril

Napthens - January 23rd 2018

Commercial landlords are often left with business rate liabilities following the expiry of a lease or a tenant absconding and the landlord taking back possession of the property. As a starting point a landlord should think tactically to avoid liabilities when a tenant absconds.

Be aware of your premises licence content

Napthens - January 18th 2018

Premises licences provide permission for the carrying on of licensable activities including the sale of alcohol, regulated entertainment and late night refreshment. We find most operators are aware of the content of their licences so far as the permitted activities, permitted timings and conditions are concerned, but we find that the plan which accompanies the licence is often overlooked.

A585 Windy Harbour to Skippool improvement scheme

Napthens - October 23rd 2017

The A585 Windy Harbour to Skippool Improvement Scheme is still in the consultation stage, with two options being considered. During the public consultation period, 78% of the respondents indicated a preference towards Option 1, a bypass, over Option 2, alterations to the existing A585. Of the 78% who preferred Option 1, 63% indicated a preference for option 1a (a bypass with a junction at Garstang New Road east of Little Singleton) and 37% indicated a preference of option 1b (a bypass without a junction).