Technical Aspects of Business Leases
Thorogood (Verlag)
978-1-85418-194-7 (ISBN)
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A business lease is a working document. It sets the rent, enables rent reviews, allocates responsibility for repair and maintenance and specifies the use to which the premise may be put, all within a complex legal framework, and as the essential document of estate management, it must be easily understood by non lawyers. However, it is inevitable that issues which require a technical understanding of the law relating to landlords and tenants will arise. The purpose of this Report is to highlight areas where technical issues might lead to practical difficulties, and to give clear guidance to help those involved in property management avoid the pitfalls. Written in a clear, concise and easy-to-understand format, Malcolm Dowden presents an invaluable set of explanations and answers for all those having to deal with a business lease. Did you know, this report has CPD hours accredited to it! Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education. Don't miss out on this chance to collect your hours!
NB: Solicitors may claim up to 75 per cent (12 hours) of their annual CPD requirement by undertaking distance learning education.
Malcolm Dowden is the senior professional support lawyer in the property department at Nabarro Nathanson. Based at the Reading office, he provides a full range of professional support services to property lawyers across the firm, including regular updates on new legislation and case law. He is also a regular contributor to the legal and professional press - including The Estates Gazette, Property Law Journal and Butterworths' online law journal In Context. The 'key issues' discussed in this Report stem from Malcolm's work as a professional support lawyer - a role which involves frequent and ongoing discussion of points encountered by fee earners during lease negotiations. Perhaps surprisingly, it is these nitty-gritty issues, rather than the 'rocket science' of rent reviews or complex deal structures, that can result in delay and stalemate during negotiations. Consequently this Report, like the seminars and lectures that Malcolm regularly delivers, focuses on the steps that can be taken by landlords, tenants and their respective agents to spell out their agreed terms, and to cut down the lawyers' scope for argument.
Is there a tenancy?; The lease-licence distinction; The risk of informal arrangements; Tenancies at will - holding over after the expiry of a contracted-out tenancy; Terminating the implied tenancy at will - what happens next?; Short-term tenancies excluded from protection; Can a mere licensee grant a lease?; Excluding security of tenure; Landlord and Tenant Act 1954 - section 38(4); Alterations to the draft lease; The purpose of section 38(4); Using the 'wrong' Court; Ripe for reform?; Break clauses; Break notices and the Mannai test; Conditional beak clauses; Break clauses and the survival of underleases; Landlord and Tenant Act 1954 - End of tenancy; When does a tenancy end?; Sight & Sound Education Ltd v Books etc Ltd [1999] 43 EG 161; Conclusions drawn from recent cases; Landlord and Tenant (Covenants) Act 1995; Can a surety be required to give an Authorised Guarantee Agreement (AGA)?; Can a landlord require an AGA as of right or must the requirement be reasonable?; Section 17 notices; Section 3(5) and the enforcement of covenants; Landlord's consent; The landlord's entitlement to information; Withholding consent because of an anticipated breach of covenant; Dealing with an unauthorised assignment or underletting; Inadvertent grant of consent; Derogation from grant; Chartered Trust v Davies [1998] 2 EGLR 83; Petra Investments Ltd v Jeffrey Rogers plc [2000] EGCS 66; Quiet enjoyment; Cases in the House of Lords. Housing of the Working Classes Act 1885; Lease variations - Letting guarantors off the hook; Avoiding the trap; Contractual terms; Primary or secondary liability?; Conclusion.
| Erscheint lt. Verlag | 24.5.2001 |
|---|---|
| Reihe/Serie | Hawksmere Report S. |
| Verlagsort | London |
| Sprache | englisch |
| Maße | 229 x 305 mm |
| Themenwelt | Wirtschaft ► Betriebswirtschaft / Management ► Finanzierung |
| ISBN-10 | 1-85418-194-7 / 1854181947 |
| ISBN-13 | 978-1-85418-194-7 / 9781854181947 |
| Zustand | Neuware |
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