Commercial Property is a thorough and practical introduction to all the main areas of commercial property practice. Part I of the book covers all the issues that need to be tackled when considering site acquisitions and includes a detailed examination of the town and country planning requirements. Part II examines principles of commercial leases, highlights the important clauses and gives advice on the termination of a lease. Part III provides an introduction to residential landlord and tenant law and details its potential impact on sites bought for commercial development.
This new edition has been thoroughly updated, and now includes the revised provisions relating to planning appeals in England introduced in April 2009. The impact of the 2007 Lease Code in the current market is also discussed, and the rules relating to the requirement for Energy Performance Certificates on sales or lettings of commercial premises have been updated. The need for both landlords and tenants to consider the impact of carbon emissions from commercial premises is further considered in a section on 'Green Leases', along with the provisions that should be included in such leases to try to reduce the impact of commercial property on the environment. In the section on Site Acquisitions, the use of 'put' and 'call' options and joint ventures, and how such joint ventures might be structured, are also now considered.
Contents
Site Acquisitions
The Need for Planning Permission
What is Development?
Applying for Planning Permission
Planning Obligations
Enforcement of Planning Law
Environmental Issues
Matters of Contract
Construction Projects
Commercial Leases
Landlord and Tenant Law and Commercial Leases
An Outline of Taxation of Commercial Properties
Lease Drafting
The Parties to the Lease
The Parcels Clause
Term
Rent
The Rent Review Clause
Repairing Covenants
Alienation
User Covenants
Alterations
The Landlord’s Covenant for Quiet Enjoyment
Insurance
Proviso for Re-entry
Lease of Part
Underleases
Agreements for Lease
Selling the Lease
Remedies for Breach of Covenant
The Effect of Insolvency
Methods of Termination
The Landlord and Tennant Act 1954, Part II
Residential Tenancies
Introduction to Residential Tenancies
Assured Tenancies
Assured Shorthold Tenancies
The Rent Act 1977
Protection from Eviction
Repairs to Residential Properties
Enfranchisement – Long Leases of Houses
The Landlord and Tenant Act 1987
The Leasehold Reform, Housing and Urban Development Act 1993
Commonhold