Category Archives: Breaks

Office to residential – Unintended Consequences of Permitted Development

Change of use from office to residential use, or Permitted Development (PD), was first introduced in 2013; it was a temporary measure intended to address a housing shortage issue, and to offer beleaguered commercial Landlords the opportunity to do something with the vast amounts of surplus office space generated by the recession. Minister Brandon Lewis announced in...
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Dilapidations: Reinstatement Notices – the Tenant’s untenable position

Following on from my comments last week, I must consider the Landlord's side of the argument.  Case law would suggest that the Landlord can give notice at any time up to termination, whether or not sufficient time has been given to complete the works.    There are good reasons to hold back until the last moment, the best of...
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The unexpected consequences of a Licence to Alter

Tenant's alterations are often subject of a Licence to Alter, and this is generated by a solicitor who often appends a specification to further explain the works that have consent.  The specification is often lifted from another document prepared by a surveyor, services engineer or even a contractor.  It is not uncommon for this specification to be part of a quote for works or an...
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It pays to do your homework

Old records can sometimes cast light on issues which have long since been forgotten by the people involved in signing leases The starting point in dilapidations is always the contract between the parties, which means reading the lease.  I learnt my lesson a long time ago that you should always read the whole lease, and carefully, and also...
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Japanese Knotweed and Tenant’s obligations

I've only come across Japanese Knotweed twice in my career so far.  Once was in the car park at my flat, where I had been driving past it at least twice a day, and never really giving it much thought; it looked harmless enough until a neighbour couldn't get their mortgage.  The other time was...
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Tenants must comply with break option requirements

Successfully exercising that break option in your commercial lease is all-important - you will have moved into alternative premises and have no need for the old premises, may have undertaken some dilapidations works, possibly paid a premium to exercise the break.  The thought of being...
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