No release for none compliance with break clause pre-condition

When operating a break clause, be sure to comply strictly with the vacant possession pre – condition. In Capitol Park Leeds Plc v Global Radio Services (October 2020), the lease provided that the tenant could operate the break clause if it “gave vacant possession of ‘the Premises’ to the Landlord on the relevant Tenant’s Break Date”.  The definition of ‘the Premises’ included the original building and landlord’s fixtures. After giving the requisite notice to break, the tenant commenced dilapidation works but ceased before completing them to negotiate a settlement with the landlord but was unsuccessful.  At the break date he left the continue reading

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Rights To Light Reform

On the 4th December 2014 the Law Commission published its final report, Rights to Light (Law Com No 356), which contains the following recommendations for reform. a statutory notice procedure which would allow landowners to require their neighbours to tell them within a specified time if they intend to seek an injunction to protect their right to light, or to lose the potential for that remedy to be granted; a statutory test to clarify when courts may order damages to be paid rather than halting development or ordering demolition; an updated version of the procedure that allows landowners to prevent continue reading

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Section 106 Contributions Scrapped

The government has announced that councils in England will no longer be applying Section 106 charges on smaller residential building schemes. Charges would be scrapped that require a large payment and add considerable costs for developers seeking to build a small number of properties or individuals whobuild their own home It will now be cheaper and easier to build new properties or bring disused buildings back into use. In support, it has been said  that a number of building projects have been made unviable by councils applying exorbitant  charges, such as a £32,000 charge that was required to build a continue reading

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Permanently Chipping Away Planning Controls

Exploring further reforms to cut red tape, the Department for Communities and Local Government has commenced consultation on making permanent the permitted development rights to allow offices to become residential.  The provisions will include limitations on new permitted development rights in conservation areas and world heritage sites

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House Building Drives Up Office Rents.

Permitted Development rights to convert offices to residential use is creating a shortage of workspace according to the RICS Commercial Market Survey Q3. It also reports that office rents are expected to rise at the fastest rate since 1998 over the next quarter.  It says  ‘while permitted development rights is helping in a small way to boost much needed housing supply, the latest survey suggests that it is also having the unintended consequence of contributing to a shortfall of office space’….‘this is particularly marked in London and adding to upward pressure on rents’.

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