VAT, Commercial Property and the Option to Tax

VAT, Commercial Property and the Option to Tax

VAT, Commercial Property and the Option to Tax The default position is that commercial properties are exempt from VAT.  This means that the purchase or leasing of the property would not attract VAT on the purchase price or rent. However, it is not as simple as that...
Rent Review provisions in Leases

Rent Review provisions in Leases

Rent Review provisions in Leases The recent case of Monsolar IQ Limited v Woden Park Ltd demonstrates the importance of careful drafting in leases. In this case, the High Court had found that an indexation clause in a rent review provision should be corrected by...
Commercial Property: The impact of Break Clauses?

Commercial Property: The impact of Break Clauses?

Commercial Property: The impact of Break Clauses? Real Estate Solicitors This article regarding break clauses is the second in Herrington Carmichael’s series of articles explaining the importance and impact of specific clauses in commercial leases. What is a break...
Form EWS1 – Fire Safety in High-Rise Blocks

Form EWS1 – Fire Safety in High-Rise Blocks

Form EWS1 – Fire Safety in High-Rise Blocks Real Estate Solicitors In this article we look at what a Form EWS1 is, when one might be required, and how it could affect our landlord and tenant clients alike. What is an EWS1 Form? Following the tragic fire at...
Recover rent and service charge under a commercial lease in COVID-19

Recover rent and service charge under a commercial lease in COVID-19

Recover rent and service charge under a commercial lease in COVID-19 An encouraging judgement for Landlords has been handed down by the courts in the recent case of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited which centred on the Landlord’s ability to...
Property Roundtable Spring Session

Property Roundtable Spring Session

Property Roundtable Spring Session The Spring Session of the Property Roundtable marked both 1 year since the inception of the Roundtable discussions and the approaching anniversary of the first Covid lockdown. Much has changed in the past year, and with the benefit...
Covid-19 and Social Housing: the potential long term impacts

Covid-19 and Social Housing: the potential long term impacts

Covid-19 and Social Housing: the potential long term impacts With the promise of spring just around the corner and as positivity slowly seeps into the nation, we need to turn our thoughts to what the new financial year will bring in the aftermath of Covid-19. As many...
Tenants: Can a break clause be used to re-gear my lease?

Tenants: Can a break clause be used to re-gear my lease?

Tenants: Can a break clause be used to re-gear my lease? Over the last year, many landlords and tenants have been reviewing their lease arrangements with a view to reducing costs or risk. When existing lease terms are renegotiated between landlords and tenants, this...
What is Alienation?

What is Alienation?

What is Alienation? ‘Alienation’ is the right granted in a lease for a tenant to assign, sublet, or share occupation of their property. This is an important factor for tenants when negotiating leases and so this guide will discuss the main alienation provisions in a...