Commercial Property e-news

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.
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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.
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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.
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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. 
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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.
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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.
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