Commercial Property Newsletter 29/09/2011
February 2011
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Excluding Sub-Sales Pittack v Naviede (2010) 13/08/2010
This case is a reminder about the importance of the general conditions of sale on which property sale contracts are based.
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Effectice Service of a Break Notice: 20/07/2010
The Hotgroup Ltd v The Royal Bank of Scotland PLC (2010)
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HIPs are History but The Consumer Code Remains.... 25/05/2010
Despite the recent abolition of HIPs, this does not alleviate the need for developers to comply with the pre-contract disclosure of information requirements in the Consumer Code for Home Builders
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Stamp Duty Land Tax (SDLT) on Commercial Leasehold Property 09/02/2010
Stamp Duty Land Tax (SDLT) replaced Stamp Duty in December 2003. It is payable in respect of transactions involving the transfer of interests in land including the grants or assignments of leases. It is a “personal/ corporate” tax and involves the tax payer in making a tax return in respect of the land transaction in which they have been involved and if appropriate paying the tax due.
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The Health Act 2006 & The Smoke Free (Premises and Enforcement) Regulations 2006 27/01/2010
These Regulations come into effect in England on the 1st July 2007.
The National Heart Forum estimates that second hand smoke in the workplace causes at least 600 premature deaths a year, nearly three times the number killed in industrial accidents. The British Medical Journal published a paper in April 2006 indicating that second hand smoking could increase the risk of developing type 2 diabetes.
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Exclusion of Landlord and Tennant Act 1954 01/11/2009
Under Part II of the Landlord and Tenant Act 1954 (LTA 1954) a Tenant generally has a statutory right to renew its tenancy at the end of the term if the Tenant has occupied the premises for the purposes of its business. In most cases this is easy to determine but in some cases what does or does not constitute a “business” needs to be carefully looked at The Landlord and Tenant can, in certain circumstances agree to “contract out” so that the Tenant will not have the benefit of the statutory rights to a lease renewal.
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Covenant to Repair 01/11/2009
The repairing covenant is one of the most important tenant obligations. It is an obligation to keep the Premises in a proper state of repair and to hand the Premises back to the Landlord at the end of the lease in that proper state of repair.
Any commercial lease will contain an obligation by the Tenant to keep the Premises (whether they be a shop, an office suite, a warehouse or a public house/ restaurant) in a good state of repair throughout the term of the lease.
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Exclusion of Landlord and Tennant Act 01/11/2009
Under Part II of the Landlord and Tenant Act 1954 (LTA 1954) a Tenant generally has a statutory right to renew his tenancy at the end of the term, if the Tenant has occupied the premises for the purposes of his business (known as security of tenure). In most cases this is easy to determine but in some cases what does or does not constitute a “business” needs to be carefully looked at
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The Tenancy Dilemma 01/03/2009
Andrew Annette, Joint Head of Commercial Property, and Frankie Tierney, Head of Commercial Litigation at Herrington & Carmichael LLP.
Andrew Annette and Frankie Tierney look at how to regain possession of your property after a lease expires
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The South East Plan Examination In Public 01/03/2007
Rhianne Vaughan, from the Commercial Property Department at Herrington & Carmichael LLP, attended the South East Plan Examination in Public (“the EiP) on the 22nd March 2007 at Reading Town Hall. The EiP was to debate the Report to the Panel by Peter Burley on Natural England’s Draft Delivery Plan (“the DDP”) and the Thames Basin Heaths Special Protection Area (“the SPA”). These are her condensed notes from the meeting, for the full notes email
plainspeaking@herrington-carmichael.com.
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Introducing Martin Salt.........A senior solicitor who has recently joined the firm working in our Dispute Resolution Department and who brings to the firm, 9 years of Construction Law Expertise and Experience. 26/08/2010
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Deals Book 2008 09/04/2009
Review of Deals and Commercial Matters
Welcome to the Herrington & Carmichael Deal Book 2008 –summarising the range of transactions and commercial work undertaken in the past year.
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Deal Book 2007 13/02/2008
Review of deals and commercial matters
This review highlights just some of the transactions and matters in 2007 where our solutions-led approach has benefited our clients. The type of instructions range from acquisition and disposal of businesses, management buy-outs, directors’ agreements, intellectual property rights, property development, land purchasing, employment disputes and TUPE requirements.
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Herrington & Carmichael Continues to Strengthen its Expertise in Commercial Property with two new appointments 13/04/2007
Camberley 13th April 2007 – Herrington & Carmichael LLP is delighted to announce the appointment of two new solicitors within its Commercial Property Department; Andrew Farnell and Jack McDouall.
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Partner Publishes Article in Renowned Journal 25/08/2006
Camberley 25th October 2006 – Andrew Annette Partner and Joint Head of Commercial Property Dept at Herrington & Carmichael LLP has had an article publish in the renowned Property Law Journal.
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