18/12/20
The recent High Court case of Capitol Park Leeds v Global Radio Services Limited [2020] EWHC 2750 serves as an important reminder of the potential pitfalls for tenants who must provide vacant possession as a pre-condition to exercising their break option. Facts Global Radio Services Limited…
11/12/20
On 1 October 2020, The Department of Enterprise, Trade and Innovation published the Code of Conduct between Landlords and Tenants for Commercial Rents. The Code provides guidance for commercial Landlords and Tenants whose lease arrangements have been negatively impacted by Covid-19 and will remain in…
09/11/20
Introduction The economic implications of Covid-19 have presented an array of financial difficulties for both landlord and tenants in commercial leases. With tenants struggling to fulfil their rent obligations under their lease, there are important considerations that both parties should have in…
27/10/20
The recent High Court decision in Pullman Foods Ltd v The Welsh Ministers and another [2020] EWHC 2521 (TCC) (23 September 2020) provided a stark reminder of the potential pitfalls for tenants in relation to yielding up obligations. Pullman Foods Limited ('the Tenant') was the tenant of a…
21/10/20
In its consultation paper - 'Transparency and Competition: A call for evidence on data on land control' - the Government has set out its aims to increase competition in the housing market through transparency in property transactions, with the hope of encouraging small and medium-sized…
28/08/20
1 September 2020 marks a significant change in planning legislation, with the introduction of three new Use Classes to the Town and Country Planning (Use Classes) Order 1987. The changes aim to support high street revival by introducing flexibility to planning legislation in light of changing demands…
26/08/20
As the economic implications of COVID-19 are taking effect, landlords and tenants across the country are seeking to alter the terms of their traditional Lease agreements, as a means of offering relief to both parties. Turnover Rent Leases, whilst seen as an alternative arrangement that predominantly…
12/08/20
The number of new homes being built each year in the UK continues to rise. According to NHBC's annual new homes statistics, this has risen by more than 80% over the last decade and in 2019 alone, 161,022 homes were registered with NHBC. At Forbes Solicitors we have a specialist team in our…
05/08/20
The proposed Agriculture Bill is set to make substantial changes to British farming. The proposals which were originally introduced to the House of Commons back on 16 January 2020 are now being scrutinised in the House of Lords with the intention that they will receive Royal Assent and become law next…
31/07/20
The unprecedented circumstances brought by the global Covid-19 pandemic has meant that processes and procedures across all sectors have had to change in some way, shape or form, to address the challenges presented. Inevitably, many businesses have embraced these changes quickly to ensure business…
06/07/20
There have been a number of seismic changes in the planning and housing market over the past few months. Local authorities, developers and property professionals look set to experience more changes in the near future too. COVID-19, CIL and the housing market The Community Infrastructure Levy…
06/07/20
It goes without saying that the last few months have been an incredibly challenging time for manufacturers, but it is encouraging to see the adaptability and resilience that many of our manufacturing clients have shown. The Senator Group are known for being great innovators so it came as no real…
11/06/20
COVID-19 is having a huge impact on our daily lives as well as our businesses and, in particular, those who want to grant or take leases of commercial properties (including those who have already exchanged contracts on these types of transactions) are unquestionably anxious about the potential…
10/06/20
Selling a property at auction can provide a number of benefits including: · A quicker process than standard market selling; · The property can potentially reach an increased audience through the auction house's marketing, potentially resulting in greater buyer interest than…
03/06/20
As the government eases lockdown restrictions and shops and offices begin to re-open, tenants will naturally be considering what their landlords are doing to ensure that multi-let buildings are safe for them, their employees, customers and visitors to return to. Conversely, landlords will be…
02/06/20
The coronavirus pandemic has seen a surge in coronavirus-related scams. With fraudsters exploiting Covid-19 fears, now more than ever is the time to ensure that your property is adequately protected against property fraud. Property fraud can be committed on any type of property. However, the Land…
01/06/20
Despite the challenges faced as a result of the lockdown measures introduced on 23rd March, auction house Pugh have proven that it is still very much possible to buy and sell property even with social distancing measures in place. They have effectively moved all their auction room sales to online sales…
27/05/20
The most obvious answer is to simply buy the property, as a company asset, from the company. But there is another option - to buy the company itself! Whilst this may not be the immediately obvious choice, there can be benefits to this - but each option needs to be considered on its merits. Here are some…
18/05/20
An unveiling of a package of measures to kick-start the housing market during the current crisis will go a long way to help property developers and personal conveyancing clients of Forbes. The Ministry of Housing, Communities and Local Government has published measures to assist the market,…
14/05/20
Covid-19 has generated financial uncertainty across the economy. Consequently, tenants are more frequently approaching landlords to request rent reductions, rent free periods, and to alter rent payment dates in an attempt to share the financial risk and cashflow impact. The first part of this…
14/05/20
The recent Court of Appeal decision in Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 addressed the thorny issue of whether rights in respect of fish contained in fishing lakes transfers upon sale of the property or whether they are in fact retained by the seller…
05/05/20
The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this, it is worth considering the repairing…
28/04/20
A few years ago, US Secretary of State Donald Rumsfeld, made a statement about unknown knowns and known unknowns, which is an example of the struggle of trying to articulate uncertainty into a decision-making process. In recent weeks, clients and property lawyers have been attempting to distinguish the…
09/04/20
The ongoing COVID-19 pandemic is having an impact across all areas of our lives, including within the context of commercial property. The unprecedented and unpredictable nature of the situation also means that parties are having to make swift decisions in order to protect themselves in the long term.…
02/04/20
The 1 April 2020 will mark a change in the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regulations). This change will have a direct effect on landlords of residential properties with potential financial penalties and subsequent reputational damage. We will…
25/03/20
The coronavirus outbreak has produced a lot of government action targeted at keeping infections down and that has in turn affected a lot of organisations, their contracts with each other and their plans for future procurement. For buyers subject to the Public Contracts Regulations 2015 (PCR) or the…
18/03/20
With more alarming updates coming from the government daily, in these times of uncertainty, many businesses may be looking to their accountants for advice on how to best protect their assets. One thing that businesses can do is to look to restructure; setting up a holding company, undertaking a…
15/01/20
The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this it is worth considering one aspect of…
