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Commercial Property Blog

What are Minimum Energy Efficiency Standards or MEES?

Andrew Rannie
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Affecting both residential and commercial properties, MEES are, as the name suggests, the minimum energy efficiency standards permitted by law, with effect from 1 April 2018.  What does that mean? For many years now, where a property is being sold...

Evicting a tenant - Section 21 or a Section 8 notice?

Lochana Gabrielsen
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Which notice should the landlord use to evict a tenant? Both forms are used to serve notice to tenants, but they are noticeably different, and it is extremely important to serve the correct notice to avoid unnecessary delays and expenses. What is the...

Tenancy Deposits: why should they be protected?

Lochana Gabrielsen
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A survey conducted by the Centre for Economics and Business Research has revealed that over a quarter of a million of Britain’s residential landlords are not complying with deposit protection rules and, as a result, £514m of deposits are...

Lasting Powers of Attorney: A Risk or an Insurance Policy?

Elizabeth Mitchell
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Lasting Powers of Attorney have existed since 2007 and allow people to appoint up to 4 people to act as their ‘Attorneys’. These Attorneys would step in and manage their affairs for them in relation to either their Property and Finance or their...

Boring but Important

Andrew Rannie
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We all know that many things in life, mortgages, pensions, insurance etc, are important but rarely are they considered exciting.  Similarly, much of the work that property solicitors have to do could rightly be described as boring.  For example, we...

Lease Overview: Conclusion

Andrew Rannie
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In this series of articles , we have sought to demonstrate that a commercial lease has to cover many areas so as to fully record the landlord’s and tenant’s respective positions on any number of concerns that may arise during the term of the...

Lease Overview: Legislation

Andrew Rannie
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Part 11 – Legislation There is in existence at the present time much legislation that applies to the use and occupation of commercial buildings, of whatever nature.  Undoubtedly, new legislation will be enacted in the future as well.  Where...

Lease Overview: Selling/Sub-letting

Andrew Rannie
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Part 10 – Selling / Sub-letting Alienation is the formal term for the ability of the tenant to deal with the lease, whether by selling it on to a new tenant, commonly known as assignment, or by granting a sub-lease to their own sub-tenant.  If...

Lease Overview: Use

Andrew Rannie
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Part 9 – Use A lease will always contain restrictions on how the tenant can use the property.  Often this is linked to the planning permission applicable to the building; indeed leases usually require the tenant to comply with planning...

Lease Overview: Alterations

Andrew Rannie
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Part 8 – Alterations The majority of leases will severely restrict the ability of the tenant to carry out any alterations to the property.  The justification for this is that the tenant only has a short-term interest in the property and the...

Lease Overview: Repairs and Maintenance

Andrew Rannie
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Part 7 – Repairs & Maintenance The most common position for the repair and maintenance of the property is that it is wholly the tenant’s responsibility.  This is one of the reasons that defining the extent of the property is so...

Lease Overview: Outgoings

Andrew Rannie
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Part 6 – Outgoings With the exception perhaps of leases within, say, an office block, a tenant can normally expect to be responsible for all the outgoings for their property, including the buildings insurance .  All utilities will need to be...

Lease Overview: Insurance

Andrew Rannie
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Part 5 – Insurance The landlord will always want to protect the capital asset that is the building so will take out their own buildings insurance.  However, it is generally expected that the tenant will pay the cost of this.  The tenant will...

Lease Overview: Rent

Andrew Rannie
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Part 4 – Rent The rent is often seen as the most important element of a lease because it can be the tenant’s most significant outgoing and it is the landlord’s main reason for granting a lease.  Rent is usually defined by an annual...

Lease Overview: Term

Andrew Rannie
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Part 3 – Term Having a defined term is essential.  This is commonly a fixed period, such as 3 or 5 years but can also be on a periodic basis, e.g. month by month.  The length of the term has to be agreed between the landlord and tenant but...

Lease Overview: Rights

Andrew Rannie
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Part 2 – Rights In the previous article , we spoke about the importance of the demise.  However, unless the property is a complete stand-alone unit, just as important will be the rights granted to the tenant.  There is no point taking a...

Lease Overview: The Demise

Andrew Rannie
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Part 1 – The Demise For a lease to be legally effective it must set out precisely the area given to the tenant, known as the demise.  The property is often referred to as the demised premises as a result.  If the demise is unclear then the...

What is a Commercial Lease and what should a Lease have in it?

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Introduction and Overview A commercial lease is the binding contract that sets out the terms on which the owner of a property, the landlord, will allow a tenant to use it.  A lease is a complex legal document and it is strongly recommended that you...

Legal Gobblefunk!

Andrew Rannie
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  In the gloriumptious world of Roald Dahl, whose centenary is being celebrated today, gobblefunk is the name given to unique and distinctive vocabulary of the Big Friendly Giant.  Full of words like jiggyraffes, splitzwiggled and figglers, it...

Keeping Your Options Open!

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Property developers are canny business people who have a number of clever ways of getting hold of land. If a developer approaches you with what seems to be a good deal, step back and look at it closely. Sometimes it’s little more than the illusion of a...

Time And Tide Will Wait For No One!

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Rain Rain go away! It’s been almost 14 years since the last flooding in Uckfield but the image of a boat sailing past Boots at the junction of the High Street and Bell Lane remains in many minds. In spring this year much of the country suffered from...

Zoning out the zombie tenant

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The current recession has brought businesses a lot of difficulty, prompted a lot of debate and spawned new buzz phrases such as: The ‘toxic lease’ where a tenant realises their obligations are going to be enforced against them. The ‘zombie...

Landlords Getting Tougher on Dilapidations

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In the buoyant commercial property market five to six years ago few tenants, or indeed their landlords, were concerned at the prospect of a full repairing lease. These are the leases where the tenant is expected to bear the cost of putting a property into...