Commercial Property e-news

The Minimum Energy Efficiency Standard for Commercial Property

Napthens - December 2nd 2016
The minimum energy efficiency standard was introduced in March 2015 by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations) which came into force on 1 April 2016 and introduced a minimum energy efficiency standard. Commercial properties with an ‘F’ or ‘G’ Energy Performance Certificate (EPC) rating, being approximately 18% of commercial properties, will need to undergo works to improve their energy efficiency.
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Property Development: is the Northern Powerhouse fighting back Post-Brexit?

Napthens - August 25th 2016
With the dust starting to settle on Brexit, is the ‘Northern Powerhouse’ fighting back to keep its hat in the ring when it comes to the New Housing Sector?
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This land is our land (and has nothing to do with Brexit!)

Napthens - August 25th 2016
A recent Court of Appeal decision in the case of Winterburn v Bennett has clarified what steps a landowner needs to take to prevent a third party (usually a neighbour) acquiring a right (such as a right of way) over the landowner’s land by long use (known as “prescription”).
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What’s happening in the East Lancs property market?

Napthens - August 25th 2016
East Lancashire is home to a series of large and small towns and plentiful villages; offering a wealth of property options. From traditional stone built terraces, to sprawling country homes, agricultural land to multi-million pound purpose built business parks.
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Can a tenant assign leases to their guarantors?

Napthens - June 8th 2016
A recent High Court decision has clarified an important point of landlord and tenant law relating to ‘new leases’ (created after 1 January 1996).
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Surrendering your Lease? It takes two

Napthens - June 8th 2016
Leases can be terminated in a number of ways. One way is where both Landlord and Tenant decide to bring the lease to an end early – a surrender.
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When it comes to getting paid, it’s all in the paperwork.

Napthens - June 7th 2016
All commercial construction contracts are required by law to contain adequate payment provisions dealing with: how and when payments are to be made, the final date for such payments and the service of certain payment and non-payment notices in the right form, at the right time, by the right party.
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‘Right to Rent Checks’ for Residential Landlords

Napthens - February 23rd 2016
From 1st February 2016, all private residential landlords and agents (including those who sub-let or take in lodgers), are prohibited from allowing certain people to rent their properties.
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Break Clauses – Landlords reign supreme

Napthens - February 23rd 2016
The Supreme Court has finally reached its eagerly awaited judgement in the case of Marks & Spencer PLC v BNP Parabis Securities Services Trust Company (Jersey) Limited.
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Stamp Duty Reforms

Napthens - February 23rd 2016
For sales completing on or after 1st April 2016 a large proportion of buyers purchasing buy-to-let investments or second homes will become liable to pay an additional 3% stamp duty land tax (SDLT) for purchases over £40,000.
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The Housing and Planning Bill: What it means for local developers

Napthens - November 23rd 2015
The Housing and Planning Bill made its first appearance before the House of Commons last month. The Bill proposes numerous changes in line with the Government’s bid to address the nationwide housing crisis. Amidst this drive to satisfy the demand for housing, we envisage a welcome change set to benefit local land owners and developers.
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Part 36 of the Civil Procedure Rules – The most important part?

Napthens - November 23rd 2015
In England and Wales, a Part 36 offer can be made by the defendant or claimant to try and settle a claim. A Part 36 offer can be made either regarding the value of the claim or the issue of liability, or can include both if relevant.
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County Council pays high price for incorrect search result

Napthens - September 16th 2015
A recent High Court case found that a County Council was liable to a developer which relied upon a Local Authority search result.
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Caution advised when drafting conditions precedent

Napthens - September 16th 2015
A recent case has highlighted the increasing importance of avoiding relying too heavily on general, overarching obligations such as “good faith” and “reasonable” when drafting conditions precedent.
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Interpreting lease clauses: The power of words

Napthens - July 7th 2015
The Supreme Court has recently upheld the Court of Appeal decision in Arnold v Britton [2015] on the interpretation of a service charge clause in a lease
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