All posts tagged "Asset Management"
Non-structural alterations
(2025 May) – For pre-contract enquiries, nowadays known as Commercial Property Standard Enquiries, “CPSE” for short, any temptation to answer most with ‘no’, or ‘not known’, or ‘not aware of’, is bound to be a waste of time. The person enquiring is sure to query anything that should be answered more fully. The information about […]
Agreed areas and precedent
(2025 May) – At rent review, it’s usual for the surveyor who acts for one of the parties to tell the surveyor acting for the other party that what had been agreed previously should be agreed again – even if the latter is a different person. Where the parties’ surveyors are the same as before, […]
Principles of good estate management
(2025 May) if you search on-line for the meaning of the “principles of good estate mangement”, then chances are you’ll find some saying it’s been lost in the mists of time. At least I did – before I delved. The origin of the phrase is, along with the principles of good husbandry, to be found […]
The Law Commission consultation on reform of the Landlord and Tenant Act 1954 Part II
(2025 May) – The Law Commission having allowed me to contribute two days after the official end of the first Consultation, I ran out of time to address the LC’s questions, so said the following (edited): …whenever instructed to act for a landlord or a tenant, I start by saying “it should be easy to […]
Secondary trading positions and dominant occupiers
(2025 May) – Acting for the Landlord of a shop in London Road, Norbury, London SW16, let to a well-known corporate estate agent, the rent review was referred to an Independent Expert. Inevitably, the Tenant’s surveyor sought nil increase. I say ‘inevitably’ because multiple retailers and ilk tend to cite evidence involving other multiples and […]
Law of Property Act 1925 – the first 100 years
(2025. May) – Interesting article by Collyer Bristow LLP – Rebecca Mitchell and Camilla Brown on the history of this Act, what it has achieved and suggestions for reform.
How a limited company can be rid of a lease?
(2025 May) – How a limited company tenant can be rid of rent and lease liabilities. Where a tenant is a limited company, it does not (normally*) need the landlord’s consent to assign the tenancy. The only necessity is to sell the shares in the company. Where the company has assets its director(s) want(s) to […]
Rent and Inflation
(2015 Jan) Whether landlord or tenant, it might be of interest to check whether the rent you are receiving or paying has kept pace with inflation, as measured by the Retail Price Index.I have designed a calculator that calculates the percentage change in the RPI and the adjusted rent. It;’s a two stage calculation. You […]
Guarantor or Rent deposit
(2014 Sep: Landlordzone) (to be edited) The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose? The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of […]
Sub-Lease
(2014 Jan) – Multiple retailers, particularly, with premises that are surplus to requirements frequently sub-let rather than assign the leases. Why? There are many reasons. For example: 1) the risk of assignment is that in the event of assignee default, the lease could revert to the assignor at any time. [Although leases containing Authorised Guarantee […]
Presumption of Reality
(2014 Jan) – It has long been recognised that too literal an approach is to be avoided in the interpretation of contracts. The reason for that was explained thus by Lord Reid in Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235: “No doubt some words used by lawyers do have a rigid […]
Mortgage and Loan
(2014 Jan) – Even if they start by using cash, many purchasers are concerned with the cost of financing property. In my experience, they can often be more concerned with finance than the value of the proposition. This situation typically arises when property is offered at a high yield, compared with interest rates, but not […]
Demise
(2014 Jan) A “demise” or “lease” is the grant of a right to the exclusive possession of land for a determinate term less than that which the grantor has himself in the land. A lease is therefore a species of conveyance, and it is provided by s (2)05(1)(ii) of the Law of Property Act 1925 […]