Archived Legal Articles from 2020

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Commercial Property


Vacant Possession


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…

Covid-19 - Code of Conduct between Landlords and Commercial Tenants


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…

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Yielding Up- Asbestos Liability in Leases


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…

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New Use Classes


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…

Plot Sales


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…

Agriculture Bill - altering the landlord and tenant relationship


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…

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What's next for Planning and the Community Infrastructure Levy


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…

The Senator Group's Innovations During COVID


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…

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New COVID-19 Delay Clause for Agreements for Lease


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…

The importance of an anti-fraud restriction in light of the current climate


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…

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How can I buy a property owned by a company?


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…

The Importance of Rent Concessions in light of the COVID-19 Pandemic


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…

A Fishy Tale


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…

Property: Latent Defects


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…

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The Effect of COVID-19 on Commercial Property


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…

Updated HMRC Guidance on Lease Rent Holidays - Pension Scheme Properties


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.…

MEES Regulations - Impending Deadline 1st April 2020


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…

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Protecting your assets


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…

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Latent Defects


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…

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