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Archive | Commercial Property Opinion
What permission do you need for ‘change of use’?

Covid has changed the way we work. Hundreds of companies are discovering that the service they provide can be done by employees working from home, and in many cases, it’s been found to be far more financially viable to have a team that telecommutes and uses Zoom for meetings, rather than having a bricks-and-mortar office.…

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…

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…

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,…

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…