A lease is a legally binding agreement between you and your landlord for you to occupy their property with various rights granted in return for you making regular rental payments and complying with various obligations. Many commercial tenants seek to...

Physical expansion is sometimes necessary in business in order to operate efficiently and effectively. Whether your business is waste management, frozen storage, haulage, or office-based salesforce, physical expansion usually indicates a healthy, prosperous...

With the ever increasing demand for property,  landowners are considering selling some of, if not all of their land to a developer.  What is an option agreement? An option agreement is a legal contract that gives a developer the right to...

The delivery of major infrastructure projects across Essex and, indeed, the wider East Anglian region has been, and continues to be, of vital importance to businesses throughout the area and the growth of the Essex and eastern region economies.  For the...

The Building Safety Act 2022 (BSA), which received Royal Assent on 28 April this year, introduced measures that place additional burdens on residential developers. The Act aims not to make life more difficult for developers, but to make dwellings safer,...

The Grenfell Tower fire has resulted in reviews and consultations that aim to increase safety in dwellings, particularly in high-rise flats. On 28 April 2022, the Building Safety Act 2022 (“BSA”) received Royal Assent; it makes significant...

I work with a number of property development clients who take different approaches to development finance. As a consequence, I’m frequently asked to review the terms of finance arrangements to ensure that my client understands the legal implications...

When it comes to challenging an adjudicator’s decision, the losing party’s options are limited; they will either need to show that the adjudicator had no jurisdiction to make the decision or that there was a material breach of the rules of...

So, you’re fortunate enough to own some land, and you wish to gift parts to your children. Maybe you’ve been sitting on a piece of land for some years, and are now looking to transfer into your company name, for redevelopment.  Or, you find...

Health and safety is an obvious concern across all industries. It’s of particular importance within the construction sector, given the scope of work and nature of activities undertaken, and, in particular, the associated risks that naturally...

In the event the HSE elects to proceed with enforcement action by way of prosecution against the company (and/or directors) for alleged breaches then the charge(s) are usually by virtue of:  failing to comply with the general overarching duties...

The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC)   highlights key issues that a building contractor and a homeowner should consider at the procurement stage, including: 1.   Appoint independent professionals You should appoint...

As an Associate Solicitor specialising in dispute resolution and construction law, I am often instructed to advise on disputes between homeowners and building contractors.  The tension between the parties usually escalates, resulting in either the...

I was once asked to assist a client to draft the construction contracts for a number of projects they were undertaking. I asked them when they were intending to start the building works on the different projects, only to be informed that the building works...

Adjudication has been successful in overcoming problems previously associated with resolving construction disputes, which largely focused on the holding up of cash flow and the time taken to resolve matters.  Adjudication has proven to be a popular,...

Some employees live at their place of work in connection with their employment. This can arise with care home workers. There is a belief that if the employee resides at their place of work then they would lose their right to occupy the property once their...

Here at Birkett Long, we act for many different types of landlords and tenants. But, if this is your first time taking on a commercial property as the tenant, it can be quite daunting. Especially when trying to negotiate the Heads of Terms with a seasoned...

The Government has issued a new consultation paper which could indicate the end of Assured Shorthold Tenancies (“ASTs”). The paper asks for views on the impact of removing ASTs and whether they should be ended without tenant fault, whether the...

When carrying out major works, there are specific procedures that must be followed for residential property, that do not need to be followed for commercial property. Landlords must ensure they follow the correct procedure for residential property otherwise...

At the end of 2017, the Digital Economy Act 2017 came into force, impacting upon all land connected with electronic communication networks. The Act itself considers the rights of service operators, such as BT or EE, over all land that holds, for example,...

Are you concerned that your business is causing a nuisance which could lead to a complaint or action being taken against you? With considerable pressure for new housing in the region, several of our clients, and businesses in general, have raised...

Recently, there has been a wide range of media coverage concerning ground rent clauses within leases and, more specifically, concerning how the ground rent increases over the term of that lease.    Ground rent is usually an annual sum payable by...

The Law Gazette recently reported that the idea of dual representation is now off the table following a report by the Ministry of Housing, Communities & Local Government.   Last year, the idea of a single conveyancer acting for both the seller and...

With an increasing property market, more and more buyers appear to be receiving financial gifts from friends and relatives to help them get on the property ladder. It is imperative that your solicitor is made aware of gifted deposits as early as possible. ...

When a commercial property lease is granted, a landlord will want the tenant to take on the responsibility of repairs – a task that can be done in various ways.   If an entire building is being let then the lease will usually specify that the...

The 2016 JCT building contracts have been released over the past few months and the updated Standard Building Contract suite was released on 22 September 2016. This suite has now replaced the 2011 Standard Building Contracts and all subsequent amendments....

Demand for new housing and increased development has lead to an increase in overage agreements. Owners of land with the benefit of valuable planning permission or land which has potential for future development need to be aware of “Claw Back” or...

In the immediate aftermath of the vote to leave, we have seen shares in Barratt Homes and Taylor Wimpey (to name but two) fall by over 20%, and the pound down 9.4% against the Euro and 9.8% against the dollar.  The markets have seen the gains of 2016...

The Court of Appeal recently considered in the case of Winterburn v Bennett whether a property owner can prevent third parties from acquiring rights of way over their land by way of prescription by simply placing notices/signs on the property. Third...

When acquiring commercial property it is really important to identify at the outset whether or not your transaction is a transfer of a going concern (“TOGC”).  It is so important because if you get it wrong you could be liable to pay Vat on...

Vacant possession is an important point to consider when developing land, acquiring it or when letting it out. When a developer embarks on a new development he must be sure that he will obtain vacant possession, and if such an important point is not...

Most leases, particularly commercial leases, will contain a clause that gives the landlord a right to bring the lease to an end under certain circumstances. This is known as forfeiture and it can be a rather daunting subject. Relief from forfeiture is a...

The right of forfeiture is a remedy currently available to a landlord when their tenant fails to pay rent or breaches a covenant in the lease.  The landlord can either take formal court proceedings for breach of covenant or by take some other...

To safeguard their investment, developers should before embarking on any acquisition of a development site ensure good and marketable title is acquired by instructing their solicitor to carry out extensive Due Diligence. Enquiries Generally solicitors...

Partner, Commercial Real Estate team, based at Birkett Long's Chelmsford office "I am delighted to have the opportunity to join the commercial real estate team of such a pre-eminent firm in the region, recognised by...

Last year the Government consulted on its proposals to enforce a minimum energy requirement for commercial and residential lettings and in April 2015 issued a response to that consultation as well as draft regulations on the topic.  Although these...

Many directors and owners of companies will have been asked, at some point, to provide a guarantee for their company to a potential landlord.  This is particularly the case for new or small companies, but has become increasingly prevalent with some...

Essex businesses have put in another solid performance over the last 12 months, driven by a particularly buoyant Property & Construction sector, with a significant rise in employment underlining increased confidence levels across the county, according to...

One little known element of the Agricultural Tenancies Act 1995 is that tenants of Farm Business Tenancies are, in certain circumstances, entitled to claim compensation in respect of improvements they have made to the leased property. Perhaps even more...

The natural tendency when a business moves is to focus on the new premises.  However, when a lease comes to an end a tenant will usually face a claim from their landlord for the cost of repairs and redecoration necessary to put the property into the...

Colchester industrial property is proving a great long-term investment without the risk of the boom and bust of the residential property market, says a legal expert in the town. Melanie Bache is head of commercial real estate at law firm Birkett Long, and...

As far as family law is concerned, under the Children Act 1989, grandparents are grouped into the category of “any other person”.  As a result, where arrangements about the care of a grandchild cannot be agreed, grandparents must apply to...

It has generally been thought that landowners will not be liable for damage caused to neighbouring properties by the roots of their trees unless they are aware of the possibility that such damage is being caused and fail to act.  However, in the recent...

Since the case of Aston Cantlow PCC v Wallbank, there has been significant concern about protecting purchasers from Chancel Repair Liability (‘CRL’) mainly due to the level of liability which arose in that case – approximately...

You may have experience as a plumber or fitter but the question is, are you allowed to connect water and gas pipes to a boiler? Common sense might suggest that a plumber or pipe fitter has the necessary skills to fit pipes whether they carry gas or...

Many present day healthcare leases contain a “break clause” which gives the tenant the right to terminate the lease before the end of its term. Landlords will often include conditions attaching to the break clause such as: The rent has been...

Most commercial leases contain a clause requiring the tenant to return the property to the landlord in good condition, whether on a full repairing basis or subject to a schedule of condition.  Although tenants should comply with ongoing requirements...

It is well known that the care home industry has endured a turbulent few years as a result of the worldwide economic downturn.  Purchases and sales have reduced as funding has become more difficult to obtain, while local authorities have been squeezing...

Tougher economic environments often see a greater amount of restructuring within businesses, including a demerger. There are a number of reasons why a company may want to demerge: - to unlock shareholder value (sometimes enabling an exit by one party); - to...

David Rayner, partner from Birkett Long’s Commercial Property Team discusses the “big themes” that are likely to affect commercial premises during 2012. From the perspective of both landlords/investors on the one hand and tenants/occupiers...

A recent discharge of diesel fuel into the River Chelmer has highlighted an area of pollution which is becoming a growing concern, leading to an increase of prosecutions and fines. According to Birkett Long environmental law specialist David Rayner , it is...

Commercial property experts at Birkett Long LLP have just helped the largest restaurant in the UK open its doors to hungry diners. With an amazing 1,000 covers, Za Za Bazaar estimates it will serve over 2,000 people every day.  A downstairs bar seats...

David Rayner recently joined Birkett Long from Blake Lapthorn in Southampton. He joins us as a partner in the Commercial Property Department where he deals with both real estate and environmental law. David’s specialities include building contracts,...

Not only are GP practices involved in an increased number of disputes with their PCTs regarding practice premises, relating to the current market rent for the premises, the practice premises are also the reason for internal disputes between GPs. The...

Author: Tom Lawrence The Landlord and Tenant (Covenants) Act 1995 was introduced following the recession of the early 90s. The Act provides former tenants who have lawfully assigned their interest in a lease (the assignor) with a degree of protection...