Commercial Property e-news

Stating the obvious: overage and implied terms

Napthens - October 23rd 2017
Commercial property partner, John Lomax looks at the recent case of Sparks v Biden [2017] EWHC 1994 (Ch). This case gives guidance on how the courts will make use of implied terms to deal with situations whereby potential overage liability is avoided on technical grounds.
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Development agreements and agreements for lease

Napthens - October 23rd 2017
Concluding her series of articles reviewing construction documents underpinning a commercial development, Leigh Child, Senior Associate in the Construction team, looks at development agreements and agreements for lease. Leigh considers the importance of ensuring obligations agreed by developers under those third party agreements flow down into the underlying construction documents.
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Legal 500 – praise for our commercial property department

Napthens - October 20th 2017
Napthens LLP’s team is praised for its ‘depth of expertise’ and ‘first-class’ service across a range of commercial property mandates, with a particular specialism in the leisure sector.
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Boost for Blackpool businesses

Napthens - August 18th 2017
One of the biggest distinguishing factors for Blackpool and the Fylde Coast is the close partnership existing between local authorities and the private sector. This could not be more evident than with the founding of the Blackpool Fylde and Wyre Economic Development Company, which brings together the three local authorities (Blackpool, Fylde and Wyre) to develop a diverse economy across the Fylde Coast. They address key areas in a congenial manner, such as, planning, infrastructure and accommodation needs.
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Appointment of a professional team

Napthens - August 18th 2017
In her third installment of articles reviewing the common construction documents underpinning a commercial development, Leigh Child, Senior Associate in the Construction team at Napthens, addresses the appointment of the professional team, their respective roles, and the form of appointment.
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Landlord and Tenant Act 1954 – opposing a new tenancy on the redevelopment ground

Napthens - August 18th 2017
The recent case of S Franses Ltd vs. The Cavendish Hotel (London) Ltd concerned a landlord opposing the renewal of a business tenancy by stating that he was going to demolish or reconstruct the premises and could not do so without possession of the property (ground (f) of Section 30 (1) of the 1954 Act). The property was located on Jermyn Street, London where the tenant leased the ground floor and basement, whilst the landlord operated the Cavendish Hotel from the remainder of the property.
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Premises licence review before purchase

Napthens - June 19th 2017
Often when purchasing hotels or public houses, the premises licence is the last document to be reviewed. This can be dangerous and may cause major issues once trading commences. Prior to purchasing/leasing a licensed premises, the premises licence should be assessed and any due diligence carried out promptly. It is key to ensure, firstly, that the premises licence is still active and has not lapsed for whatever reason.
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Energy Performances Certificates in 2018

Napthens - June 19th 2017
An Energy Performance Certificate (EPC) is usually required when a property is built, sold or rented. The EPC provides a prospective buyer or tenant with information about a property’s energy use and typical energy costs. An EPC generally also contains recommendations about how a property’s energy performance can be improved thereby saving the occupant money. The current energy performance scale runs from A to G, A being the most energy efficient and G being the worst.
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Squatters occupying commercial premises

Napthens - June 19th 2017
The national press has recently covered a story whereby a group of travellers broke into the car park of a well known Lancashire Business and occupied the premises by preventing access to the site by putting their own locks on the factory gates. According to the Daily Mail, it is alleged that the travellers demanded a ransom to be paid by 10:00 p.m. that evening or they would burn the factory down.
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Form and content of a building contract

Napthens - June 19th 2017
As mentioned in Leigh Child's last edition, the construction due diligence for any prospective purchaser or tenant (and their potential funder) can affect a developer’s ability to dispose of the whole or part of a commercial development, and the building contract will be one of the key documents in that review.
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Never overlook construction documents

Napthens - May 3rd 2017
In a series of articles, Leigh Child, Senior Associate in the Construction team at Napthens, looks at the importance of construction documents underpinning a commercial development from both the perspective of the developer, and starting with interested parties such as purchaser, tenants and funders.
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Side Letters – warning to landlords

Napthens - May 3rd 2017
The recent case of Vivienne Westwood Limited v Conduit Street Developments Limited could have a significant effect on the application and enforcement of Side Letters to commercial leases.
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Planning Promotion Agreements

Napthens - February 22nd 2017
With the Government committed to providing more housing and a relaxation in local planning laws, our team is seeing an increasing trend in the use of Planning Promotion Agreements.
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Dilapidations – bring it on!

Napthens - February 22nd 2017
It’s a common scenario: A commercial “FRI” lease is about to end (or has already ended), the landlord inspects the property and finds that its idea of “full repairing” is a million miles away from the tenant’s.
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Leases: when breaking goes bad!

Napthens - December 2nd 2016
The High Court has recently held that a tenant failed to exercise its right to break a commercial lease, due to not complying with obligations to give vacant possession due to their failure to remove partitions.
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Changes to the Joint Contracts Tribunal for Construction contracts

Napthens - December 2nd 2016
It has been 5 years since the Joint Contracts Tribunal (JCT) published its latest round of updated construction contracts. Leigh Child explores the key changes introduced in the JCT 2016 suite of model documents published so far.
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