i-law

Commercial Leases

Disposition of property – lease or tenancy for life – section 149(6) Law of Property Act 1925

The principal claim was to a lease pursuant to s149(6) Law of Property Act 1925.
Online Published Date:  01 August 2012

Tenant insolvency – disclaimer of lease

This case raised two interesting issues, first whether a binding agreement to reduce the rent payable under a lease of commercial premises had been entered into and secondly whether the lease had been validly disclaimed.
Online Published Date:  01 August 2012

Lease – restrictive covenants – discharge and modification

Although in the event the subject application was lost, this case raises awareness of a useful statutory provision that can be deployed to try and discharge or modify restrictive covenants in leases, including business leases, providing, of course, that they meet the statutory criteria.
Online Published Date:  01 August 2012

Electronic Communications Code – it affects landlords and their premises – Law Commission Review

The current code, the Telecommunications Code (the Code), is set out in Sch 2 to the Telecommunications Act 1984. The Code gives quite significant rights to certain operators to execute any works on land for or in connection with the installation,..
Online Published Date:  01 August 2012

Royal Institution of Chartered Surveyors’ Small Business Retail Lease

The Royal Institution of Chartered Surveyors (RICS), in conjunction with British Retail Consortium (BRC) has developed the ‘Small Business Retail Lease’. The lease has been developed to try and simplify the complex and timeconsuming procedures associated with the grant of leases of commercial premises.
Online Published Date:  01 August 2012

Sale of land – agreement for lease – void contract – section 2 Law of Property (Miscellaneous Provisions) Act 1989

This helpful case related to a dispute over the sale of a series of parcels of land the terms of which included an obligation on the part of the buyer to construct to a shell a new medical centre and to grant the seller a lease of that unit. The contract was subject to satisfactory planning permissions being granted. An issue arose as whether there was an obligation on the buyer to proceed promptly with certain building works imposed by an oral agreement.
Online Published Date:  01 August 2012

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