Latest Legal Articles from Forbes Solicitors

Commercial Property

Questions we have been asked this month

06 Feb 2017

What is the difference between freehold and leasehold title? Leasehold title is where the Property is held under a lease for a term of years. The lease sets out obligations on how the tenant can deal with the Property, such as permitted use, assignment, alteration and repairs. The Tenant…

Questions we have been asked this month

09 Dec 2016

Q. I am holding a Christmas fair at my café during the festive season in which alcohol will be served - can I do this? A. If your premises is unlicensed then you will need to apply to your local Council for a Temporary Event Notice ("TEN"). The event capacity must be less than…

Does your property meet energy efficiency standards?

20 Jul 2015

In July 2014 the Department of Energy and Climate change (DECC) announced their consultation on the proposed minimum Energy Performance Standards (MEPS) for domestic and non-domestic privately rented properties. The responses to the consultation have now been published and are summarised below:…

Licensing - more changes ahead?

28 Sep 2010

New controversial changes are ahead in light of the Governments consultation on licensing reform. The new conditions will bring further changes to an industry which was only recently overhauled with the introduction of the Licensing Act 2003. In April 2010 the first three mandatory new conditions came…

Ease-y to forget

04 Aug 2010

The recent case of Lester & Hardy v Woodgate & Woodgate [2010] EWCA Civ 919 highlights the importance of making sure that a right over someone else's land, such as a right of way, known as an 'easement' does not lapse through disuse. The facts of the case involved neighbours. One neighbour had…

Happy 5th Birthday Stamp Duty Land Tax

16 Jun 2009

Stamp Duty Land Tax ("SDLT") on commercial property leases has never been easy! It is about to get much harder! From December 2008, 5 years on from the introduction of SDLT, many commercial leases subject to the SDLT provisions will have been due rent reviews or will expire and these events may…

Disclaimer of Commercial Leases

10 Dec 2008

One of the effects of the current economic climate has been an increase in the number of tenants going into liquidation. So what impact does this have for a commercial landlord? Modern commercial leases usually allow the landlord to forfeit the lease if the tenant becomes insolvent but sometimes the…

Deed Does Not Protect Assignor

14 Oct 2008

The Court of Appeal has overturned a 2007 decision and its judgment may make tenants who are considering assigning their leases pause for thought. The circumstances were that tenants assigned their lease, with the permission of the landlord, to new tenants. Under the terms of the assignment, the…

Cigarette Ban - What a Fag!

19 Jun 2007

Publicans, restaurateurs and hoteliers may well be quietly thanking their lucky stars over the smoking ban, which commences in England on 1 July 2007. They will no longer have to meet the cost of cleaning ashtrays, clearing up cigarette butts and the more frequent cleaning of soft furnishings that…

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