Commercial Property Opinion Archives - Linder Myers Solicitors

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

Property fraudsters – who is to blame?

It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…

Government backs down on controversial plans to turn all schools into academies

Following a backlash by teachers, governing bodies and parents across England, the government has abandoned its plans to turn all schools into academies. A highly controversial initiative, earlier this year it was announced that local authority schools were required to convert to an academy by 2020, or at least be able to demonstrate that they…

Small developments do not have to contribute towards affordable housing

The Court of Appeal has made a landmark judgement, upholding the government’s decision to exempt developments of 10 houses or fewer from Section 106 of the Town and Country Planning Act. The original policy, which was introduced in 2014, was established to ensure the burden of affordable housing contributions did not fall on small-scale developers,…

Becoming an academy – what next for schools?

Last week, the government announced plans to “set schools free” from local bureaucracy, by turning all schools in England into academies. This is a controversial initiative, which is already facing a backlash from governing bodies, teachers and local communities. As it stands, all schools will have to convert to an academy by 2020 or at…

Purchasing a buy-to-let property? Act now to avoid a rise in stamp duty

From 1st April 2016, anyone purchasing a second property will be liable to pay an extra 3% stamp duty. To avoid this increase, buy-to-let landlords currently looking to increase their portfolio must complete the purchase before midnight on 31st March 2016.

Feature – Exploitation of vulnerable leaseholders to be investigated

The Office of Fair Trading (OFT) announced in December that it would be launching an investigation into the residential property services market after it found that Cirrus, part of the property management group Peverel, was guilty of breaching competition law by price fixing and overcharging leaseholders of retirement properties.

Long- term land leases – are they the key to a sustainable farming future?

The importance of a thriving tenanted land sector was highlighted at the NFU Tenants’ Conference last week. Speaking at the event, NFU President Peter Kendall called for all parties involved in tenant farming to consider long-term sustainable business models to ensure a successful, flexible and profitable farm business.

Leasehold Extension & Collective Enfranchisment – what you need to know

Leasehold ownership has become very widespread within the UK. This is especially the case in London, where around 40% of properties are held on long leases. A typical term would be 125 years. The passage of time and the resultant reduction in the term remaining will impact adversely on the value of the property. This…

Price of farmland trebles in less than a decade

The cost of farmland hit a record high during the first half of 2013, with further increases likely in the next 12 months according to the latest Royal Institution of Chartered Surveyors (RICS) rural land market survey.

Applications for Consent to Assign Leases

Most commercial property leases state that tenants may not assign or underlet lease agreements without written consent from the landlord. However Section 19 of the Landlord and Tennant Act 1927 states that landlords must not withhold consent unreasonably. Some commercial leases go even further, stating that such consent must not be unreasonably withheld or delayed,…

Landlord’s beware: The implications of granting a new lease upon forfeiture

Forfeiture is the landlord’s right to re-enter business premises and bring a lease to an end. In general a lease can be forfeited where the tenant does not pay the rent, breaches the other terms of the lease or becomes insolvent. Are you are Landlord who has recently exercised your right to forfeiture? If so,…

Transfer of a going concern

Revenue & Customs issue Business Brief following Robinson Family Limited case As a result of the Tax Tribunal case of Robinson Family Limited (RFL)1 Revenue & Customs have issued a new business brief which revises their practice in relation to transfer of a business as a going concern (“TOGC”). The Business Brief notes that RFL…

Assets of Community Value – what do they mean for developers?

As part of the government’s Big Society, the Localism Act 2011 aims to devolve more powers to councils and neighbourhoods in order to give local communities greater control over local decisions. As part of this Bill, on 21st September this year, the Assets of Community Value Regulations (England) came into force. The regulations allow community…

Let there be Light!

The law in relation to rights of light is developing (pardon the pun!) and it’s landowners who are coming out the winners as they gain greater protection. If you are a developer, this can represent yet another obstacle in an already challenging market. Rights of Light A landowner can acquire a right to light either…

Linder Myers Commercial Property working with Handelsbanken, Manchester

“Handelsbanken is one of Sweden’s leading banks with over 700 branches in 22 countries and more than 10,000 employees. Acclaimed as one of the top ten strongest banks in the world by news agency Bloomberg, the bank specialise in providing bespoke banking services to customers wanting a long-term relationship with their bank.” Naomi Willoughby-Foster, a Commercial Property Solicitor…

How to vacate a sub-tenant – Q&A

Question I am a landlord of a business premises and I granted a lease which excludes my tenant’s right to automatically renew the lease at the end of its term. My tenant has granted a sub-lease which does not exclude the right of automatic renewal and is in breach of the main lease. I want…

Rent arrears as a landlord. What are my options and what risks do I face?

It is often the case that a corporate tenant will be in rent arrears as a result of financial difficulty. As a landlord, you should consider the following options to overcome this: Options if your corporate tenant is in rent arrears ask your tenant to get a third party to pay its rent consider what…

Budget 2012. What does it mean for the property and construction sectors?

The budget announced yesterday was one that “backed business” and could have a significant impact in the property and construction sectors. Below are a number of announcements that may affect you and your business. Tax changes Arguably, the most significant announcements were the government’s vast ranging tax changes: First and foremost, Stamp duty land tax…

Keep warm and make money with Renewable Heating

You may be entitled to receive government funded income by installing renewable heat in your property. Last year, the Government announced the introduction of a Renewable Heat Incentive (RHI) policy which is set to completely revolutionise the way heat is generated and used. The scheme grants, for a period of 20 years, regular financial support…

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