Commercial Property Focus - November 2009
Welcome to the latest edition of Commercial Property Focus; the
quarterly newsletter from Weightmans.
This issue includes an examination of when Courts may grant
permission for lease renewal proceedings to continue against a
landlord in administration; a look at the recent increase in
dilapidation claims brought by landlords; an overview of SDLT and
VAT in property transactions; warnings for landlords in
forfeiting or accepting a surrender of a lease and a consideration
of when a landlord may face a claim for misrepresentation in an
opposed lease renewal claim.
News and Views
Property portfolio management is a particular
strength at Weightmans. We have a number of clients with
virtually fully let portfolios confirming that the right product at
the right price will always sell. Our expertise gained from
many years of acting on portfolios both large and small means we
are well placed to assist and deal pro actively with issues that
may arise in terms not only of lease renewal but more particular
areas of construction and drafting of business leases. For
more information contact clive.bleasdale@weightmans.com
We are always keen to receive feedback from
you so if there is anything that you would like us to comment on,
questions you’d like to ask or topics that you would like to be
discussed in our next edition then please let us know and we would
be happy to consider these for our next edition. Please email
askproperty@weightmans.com
because your views matter to us.
Permission to Proceed – Can a tenant pursue a new lease when
its landlord is in administration?
Commencing or continuing legal action against
a company in administration is only permitted with the consent of
the administrator or the Court. Angela
Penn, a Solicitor in our property litigation team examines the
application of this rule in the context of lease renewal
proceedings in light of the case of Somerfield Stores Limited v
Spring (Sutton Coldfield) Ltd (2009) which concerned opposed
renewal proceedings on the ground of redevelopment..
A Poor State of Affairs – The Rise of Dilapidation Claims
In the current market dilapidations claims by
landlords are on the increase. Matthew
Williamson, an Associate in the commercial propertyteam, examines
the reasons behind the increase in claims and gives practical
advice to tenants on limiting their liability.
This article first appeared in the Liverpool
Daily Post, Viewpoint, on 28 October 2009.
SDLT and VAT in Property Transactions
David Percival, a
Partner in our commercial property team provides an overview of tax
law in the context of property transactions.
Traps for Unwary Landlords on Forfeiture and Surrender
The actions of landlords in dealing with
tenant default, particularly rent arrears, can result in landlords
finding themselves in difficulties with the Court. David Tabinor, a Partner in the commercial property
team examines the risks for landlords in the context of forfeiture
and surrender in light of recent caselaw.
What Is Your Intention?
Landlords intending to oppose a lease renewal
application on the ground of redevelopment need to be careful to
notify tenants if they no longer intend to redevelop or face a
potential claim of misrepresentation following a recent Court
decision. Sian Evans,
a Partner in our Property Litigation team, examines the recent case
of Inclusive Technology v. Williamson.