Change of Use Applications Leases will normally restrict the permitted use of the property. This will be particularly important in the case of a shopping centre or shopping arcade whether it was a mix of different uses. Planning and building control and other legislation will also specify what type of uses of property can be […]
Rent Rent is always a key commercial term. In the case of an investment property, the landlord will expect that rent is paid in addition to contributions for service charge and insurance. Rent will usually be payable quarterly in advance, although it is possible to make any commercial agreement as may be required in the […]
This is an overview of certain terms and conditions in commercial leases in England & Wales. Commercial leases are leases at a market rent of a retail, office, or industrial property or building at market rent usually for a term of 15 years or less. Repairs Responsibility for repairs is a common source of dispute […]
Contracting Out English Landlord & Tenant law has simplified the procedure for a tenant to “contract out” of Landlord & Tenant Act rights of renewal. In Ireland, a tenant will qualify for Landlord & Tenant Act rights of renewal where the property has been let for five continuous years and used for business purposes unless […]
General Various schemes of legislation apply to property and to its use. Statutory obligations may arise by reason of the activities carried on at the property or from the nature of the property or building concerned. Legislation provides specific obligations for particular types of property or where the property is used for a particular trade […]
Overview Most English apartments are held under long leases. The purpose of leasehold ownership is to impose conditions on the terms of ownership for the benefit of the entire development. There are “commonhold” rules in England which are an alternative management structure to using leases, but they have not been widely used as of yet. […]
General There are significant legal protections for apartment holders in relation to problems and abuses that arise in apartment developments. Significant additional protections took effect in 2007. There is no equivalent to most of this legislation in Ireland as of yet. A landlord or management company is only able to recover service charges for costs […]
General The letting of residential property in England and Wales is governed by the Landlord and Tenant Acts and by the Housing Acts. The focus of the Landlord and Tenant Acts is on the relationship between landlords and tenants. The Housing Act relates to housing standards and housing policy generally. As in many countries, the […]
Obtaining Possession A court order is usually be required to obtain possession of a residential property if the tenant refuses to deliver possession. It is not permissible for the landlord to simply re-enter the property and change the locks. A landlord may not recover an unlicensed house in multiple occupation or where deposits scheme conditions […]
General There is no general requirement to register residential tenancies in England and Wales. In many cases, an obligation to register will apply. Certain categories of housing must be registered. Local Authorities have powers to require selective licensing in particular areas or in relation to particular properties. An obligation to obtain a licence may apply […]