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Commercial Property Blog

NEW CONSTRUCTION TEAM CREATED AT CHATTERTONS

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East Midlands law firm, Chattertons Solicitors recently welcomed two construction lawyers to form its' first dedicated construction law team.  The team will be based at their Stamford office but will provide construction law advice across the...

Chattertons' expands the Commercial Property team with 2 new Partner hires

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Chattertons Solicitors & Wealth Management are delighted to announce the recent appointment of 2 new Partners to its growing Commercial Property team at Stamford office. The new appointments further strengthen Chattertons Commercial Property Department,...

Voluntary First Registration: What is it and is it worth doing?

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First registration at the Land Registry is the process by which property that is currently unregistered with the Land Registry becomes registered.  This in essence means, that once registered, the Land Registry allocate a number to the property known as...

Chattertons advises long-standing client the Lincolnshire Wildlife Trust in acquisition of farmland

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Leading Law firm, Chattertons Solicitors, recent legal work for the Lincolnshire Wildlife Trust has included a large acquisition of farmland to add to the existing reserve at Sow Dale , just north of Old Bolingbroke near Spilsby, Lincolnshire. Sow Dale...

How "Nimbyism" is Hindering the UK's Efforts to Solve the Housing Crisis

Nick Fielding
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The UK has been facing a severe housing crisis for many years, with a growing population and a shortage of affordable housing. The government has been struggling to find solutions to this problem, and one of the main obstacles to resolving the housing crisis...

Nutrient Neutrality - a New-Build Nuisance?

Nick Fielding
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What is Nutrient Neutrality? Rising nutrient levels in rivers, estuaries, and wetlands are one of the many ways they are being polluted. This is due to the nearby land's use, which can result in sewage runoff or agricultural runoff from intensive...

EASEMENTS: WHAT YOU NEED TO KNOW

Nafisa Iltaf
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When purchasing a property or land, it is important to be aware of any easements in place. The ‘rules’ created by easements could affect your privacy and cause a wide range of implications from parking arrangements to plans you may have for...

Recent success for our Planning Team

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Our planning team have been busy over the summer months working for a wide range of clients on a mixed caseload of planning appeals and agreements.  We are pleased to have achieved successful outcomes for our clients on two recent planning enforcement...

Garden predators invade the courts

David Rogerson
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Garden predators are taking root in the courts, as householders take action to fight off plant invaders that can be highly destructive and undermine property values.  One of the most common reasons for garden-related legal action is when Japanese...

Do you need planning permission for a home office?

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Since working from home was forced in 2020, workplaces have seen a continued rise in the number of people wishing to stay working from home even after a return to the office is possible. For some, this is simply working from the dining table, others a desk...

Do I need planning permission to make changes to my garden?

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With summer just around the corner, many people are planning to make changes to their gardens. Some changes might be extensive, including decking, a garden office, fences or a total landscaping overhaul. While you generally won’t need permission to...

Chattertons' expands Commercial Property team with new partner hire

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Chattertons Solicitors & Wealth Management have appointed May Ozga as partner to its growing commercial property team . The appointment expands the firms legal service offering and strengthens capabilities in commercial leases; and acquisitions and...

How to evict a commercial tenant

Nigel Bescoby
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If you are a landlord of a commercial property, you may find yourself in the circumstances where you need to evict a tenant and take back possession of your property. This area of the law can be complicated - your best route forward will depend on your...

Chattertons advise on the sale of SW Cars Group car supermarket in Peterborough

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Chattertons' corporate, commercial property and employment teams have advised the shareholders of SW Cars Group on their sale to Big Motoring World for an undisclosed sum.  The acquisition increases Big Motoring World's number of used car...

Case Review: Stonewater (2) v Wealden District Council: Social Housing Relief, CIL and Section 106 Agreements

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The case of Stonewater (2) Ltd v Wealden District Council [2021] EWHC 2750 (Admin) , is an interesting case which considers some important issues relating to the application of Social Housing Relief under the Community Infrastructure Levy Regulations 2010...

New Laws to resolve remaining COVID-19 Commercial Rent announced

Michelle Cox
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New laws and a Code of Practice are being introduced to resolve the remaining commercial rent debts accrued because of the pandemic. The moratorium on forfeiture and restrictions remain in place until 25 March 2022.  Changes introduced this week...

How can you obtain confirmation of the lawful use or development of land?

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Establishing the lawful use or development of land can be a tricky exercise particularly, if the property in question has a complicated planning history, or has been used for multiple purposes in quick succession.  Our team, of planning specialists can...

End of temporary insolvency measures

Michelle Cox
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The government has announced the end of the restrictions on the temporary insolvency measures introduced last year. However, they still contain caveats as to the value of the debt and procedure – the debt threshold for a winding up petition will rise...

Top Tips for negotiating Section 106 Agreements

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Depending upon the type and size of your development scheme the Local Planning Authority may require you to enter into a Section 106 Agreement in order to provide contributions and/or works, which cannot be secured by condition, to mitigate the impacts of...

Community Infrastructure Levy - don't get caught out when seeking retrospective approval!

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Our  Planning team reviews a recent High Court Decision which held that it was not possible for a developer to claim the self-build housing exemption in respect of the Community Infrastructure Levy (CIL) charge, where the development was first...

The Moratorium on Commercial Rents - March 2022!

Michelle Cox
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The UK government has announced an extension to the moratorium on commercial rents until 25 March 2022 and is set to introduce a mandatory arbitration process to tackle debts where landlords and tenants cannot agree. Treasury chief secretary Steve Barclay...

Advice for commercial landlords and tenants during the ongoing COVID-19 pandemic

Michelle Cox
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The COVID-19 pandemic has impacted almost every industry in the UK, with many businesses experiencing a severe strain on their cashflow as a result. While commercial tenants may be struggling to pay rent in full and on a regular basis, their landlords could...

Business evictions ban extended until March 2021

Michelle Cox
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The 'quiet' announcement came from the government last week and is said to be the final extension which is intended to give landlords and tenants a further 3 months to come to agreement on unpaid rent.  The government message is clear that if...

Update to the Use Classes Order: Planning laws

Jeevie Sandhu
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On 1st September 2020 The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 brought in significant changes to the planning use classes. What are the planning use classes? They categorise the different uses of property in...

LEASE OR LICENCE?

David Guille
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It is important for occupiers of commercial properties to be fully aware of the legal basis of their occupation.  The most common methods of occupation are pursuant to the terms of a Lease or a Licence.  There are important differences between a...

Moratorium on Commercial Lease Evictions Extended to the end of 2020

Michelle Cox
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The government has announced it has now extended the rules on preventing commercial evictions and the use of CRAR until the end of 2020. Currently, landlords are prohibited from seeking to recover possession or use the Commercial Rent Arrears Recovery...

Negotiating the Renewal of a Commercial Lease

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Most lease renewals are governed by the Landlord and Tenant Act 1954. However, if a commercial lease is due for renewal, the tenant will want to ensure they obtain the best terms for their business. The tenant must notify their landlord that they wish to...

Commercial Landlord and Tenant Guidance in light of COVID-19

Michelle Cox
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The commercial landlord and tenant sector has been hit hard with the impact of the coronavirus (COVID-19) outbreak.  As a property litigator I have been inundated with questions from both landlord and tenant clients as to how to deal with the...

COVID-19 Office Closure

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COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only.   Most of our advisors are working...

Coronavirus COVID-19 Chattertons Update

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Chattertons Solicitors  are open for business.  However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...

Breaking up is (sometimes) hard to do!

Michelle Cox
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Breaking up is (sometimes) hard to do! Failing to serve a valid break notice and correctly complying with the terms of a break provision can have drastic consequences.  Breaks are often not rolling, so there is usually only one chance to get it...

Selective Licensing and the Buy to Let Market: Landlords Take Note!

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The Housing Act 2004 permits councils to enforce selective licensing schemes which aim to improve living standards for tenants in privately rented properties within designated areas. For selective licensing to be introduced, a designated area will need to...

Houses in Multiple Occupation (HMO) licences

Katherine Bunting
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Landlords are reminded that the deadline of 1 October 2018 is getting close for applications for House in Multiple Occupation (HMO) licences. Under new Government rules landlords and letting agents have to apply for an HMO licence for most properties in...

To Insure or not to Insure? No longer a question

James Ballaam
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Traditionally when purchasing a property one of the most important things is to ensure that you have the property suitably insured from exchange of contracts as this is the point at which you become contractually bound to purchase the property and the risk...

SPOTLIGHT ON INFORMAL LETTINGS OF COMMERCIAL PROPERTY

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Let us suppose that you are a landlord of a commercial property which is empty whilst you decide what you want to do with it.  Rather than letting it stand empty, you decide to grant a short tenancy and you find a tenant.  A rent is agreed but to...

3 Top Tips for Landlords and Tenants

Rebecca Inglis
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At the end of the year your thoughts may be turning to the new and exciting opportunities which await you and your business in 2018. Whether you are a Tenant or a Landlord, you may have thought about expanding to a new location, becoming a Landlord with a...

Side Letters - Handle with care!

James Ballaam
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“Can’t we just do a side letter?” are words a Commercial Property solicitor will no doubt hear countless times throughout the year. However such requests need to be handled with the utmost care and caution to ensure your client is not left...

Protect your land and property from fraud

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July is Scams Awareness Month, and the Land Registry wants to remind everyone of some key fraud advice. To help avoid becoming a victim of property fraud, please: read our property fraud advice below; sign up to the Land Registry’s free Property...

SPOTLIGHT ON FORFEITURE OF COMMERCIAL LEASES

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In the context of commercial leases, forfeiture simply means termination of the lease by the landlord for some default on the part of the tenant. With rare exceptions, the landlord needs to be able to rely upon an express forfeiture provision contained in...

SPOTLIGHT ON DILAPIDATIONS

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Landlords and tenants of commercial property need to keep a close eye on repairing obligations under a lease. Claims for breach of a repairing obligation are known as “dilapidations claims”.  The subject of dilapidations claims never goes...

New Property Solicitor joins local law firm

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Local legal firm, Chattertons, are pleased to welcome a new Associate Solicitor, Claire Tomlinson, to their Property Department in Stamford. Claire qualified 10 years ago and has previously worked within real estate teams at large international and regional...

New Rent Arrears Legislation

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Are you aware of the new rent arrears legislation giving more power to the tenant over the bailiff? Changes to the law which come into effect on 6 April 2014, will allow entry to commercial premises only under conditions for the seizure of goods as part of...