A Practical Approach to Commercial Conveyancing and Property

by Abbey, Robert; Richards, Mark

• ISBN13: 9781841741895
• ISBN10: 1841741892
• Format: Paperback
• Copyright: 2002-11-07
• Publisher: Blackstone Press

Summary

Written by the authors of A Practical Approach to Conveyancing , this book serves as an accessible guide through the vagaries of the complex and diverse area of commercial conveyancing and property. Written in a direct and approachable style, practical solutions are given to many of the more common-place difficulties encountered along with helpful diagrams explaining some of the intricacies involved. Checklists are provided as models of procedure as well as easy-to-follow precedent clauses and forms.

Author Biography

Robert Abbey, solicitor, is the Director of Legal Practice at the University of Westminster. He is also a consultant with Russell Jones & Walker Solicitors, London. Mark Richards, solicitor, was a partner in a central London commercial practice specialising in all areas of commercial property. He is a Senior Lecturer in Law at the University of Westminster.

Table of Contents

Preface	ix
Acknowledgements	xi
Table of Cases	xiii
Table of Statutes	xxi
An Introduction to Commercial Conveyancing and Property	1	(27)
A general introduction to the scope of this book
An overview and an introduction to commercial conveyancing and property
Defensive lawyering and the commercial conveyancing process
Commercial leases --- an introduction
Key points summary: lease contents
Practical checklist: lease contents
Rent and Rent Review	28	(27)
Rent
Rent review Practical checklists: rent and rent review
Commercial Lease Covenants I	55	(32)
General introduction
Covenants by the lessee
Surety covenants
Key points summary: lease covenants
Practical checklist: lease covenants
Commercial Lease Covenants II	87	(22)
Lessor's covenants Key points summary: insurance provisions
Precedents
Service charges in a commercial lease Key points summary: service charges
Miscellaneous Lease Concerns: Enforceability of Lease Covenants, Insolvency and Disclaimer, Surrender and Merger	109	(28)
Enforceability of lease covenants Key points summary: liability of original landlord and tenant --- rules for old tenancies Key points summary: liability of original landlord and tenant --- rules for new tenancies Key points summary: liability of assignees of lease and reversion Key points summary: enforceability of lease covenants following a sub-letting
Insolvency and disclaimer Key points summary: insolvency and disclaimer
Surrender Key points summary: surrender
Merger Practical checklists: miscellaneous lease concerns
Remedies	137	(36)
Contractual Delays and Remedies
Delays
Remedies Key points summary: delays and remedies Practical checklist: delays and remedies
Commercial Lease Remedies
Distress for rent
Forfeiture Key points summary: waiver of the right to forfeit
Remedies for breach of lessee repairing covenants
Remedies available to the lessee
Litigation and other commercial lease remedies Key points summary: commercial lease remedies Practical checklists: commercial lease remedies
The Landlord and Tenant Act 1954, Part II: Security of Tenure for Business Tenants and the Termination and Renewal of Business Leases	173	(37)
Introduction
Methods of termination under the Act Key points summary: s. 25 notices and s. 26 requests
Landlord's statutory grounds for opposing new lease Key points summary: statutory grounds under s. 30(1)
Tenant's right to compensation for failure to obtain new tenancy
The terms of the new lease Key points summary: terms of the new lease
Court order for new lease
Reform of the 1954 Act Practical checklists: Landlord and Tenant Act 1954, Part II
Property Development: Land Acquisition, Planning, Construction and Finance	210	(46)
Introduction
Acquiring land for development Key points summary: the contract Key points summary: checking for contamination
Town and country planning Key points summary: town and country planning
Design and construction Key points summary: protecting other parties interested in a new development
Development finance and secured lending Key points summary: secured lending for development --- security options Key points summary: practical considerations when acting for a commercial lender Practical checklists: property development
Selling and Buying Tenanted Properties	256	(32)
General introduction
Tenanted properties: the seller's perspective; contractual matters
Tenanted properties: the buyer's perspective; pre-contract enquiries
Tenanted properties: the buyer's perspective; the title and raising requisitions
Completion matters Key points summary: selling and buying tenanted properties
Company acquisitions Practical checklist: tenanted properties
Revenue Law and Commercial Conveyancing	288	(25)
Introduction
VAT on commercial property Key points summary: VAT and commercial conveyancing
Stamp duty Key points summary: stamp duty and commercial conveyancing
Other taxes Key points summary: revenue law and commercial conveyancing
Taxation issues for your client
Taxation issues for the subject property
Taxation issues for practitioners
Revenue law and commercial conveyancing --- a concluding issue Practical checklist: revenue law and commercial conveyancing Practical checklist: VAT rates
Appendix 1 Commercial Property Related Web Sites	313	(2)
Appendix 2 Authorised Guarantee Agreement Precedent	315	(2)
Appendix 3 Law Society Standard Form Leases	317	(10)
Appendix 4 Standard Commercial Property Conditions (First Edition)	327	(15)
Appendix 5 `Green Card' Warning on Property Fraud --- Practice Information	342	(3)
Appendix 6 Forms of Notice under the Landlord and Tenant (Covenants) Act 1995, s. 17	345	(6)
Appendix 7 Landlord's Requests for Release from Covenants	351	(12)
Appendix 8 Tenant's Responses to Landlord's Requests for Release from Covenants	363	(8)
Appendix 9 Notice for Binding Apportionment on Assignment of Part	371	(3)
Appendix 10 Request for an Overriding Lease by Former Tenant Pursuant to s. 19 of the Landlord and Tenant (Covenants) Act 1995	374	(1)
Appendix 11 Precedent for an Overriding Lease Granted Pursuant to s. 19 of the Landlord and Tenant (Covenants) Act 1995	375	(3)
Appendix 12 Specimen Notices under the Law of Property Act 1925, s. 146	378	(4)
Appendix 13 Notices under the Landlord and Tenant Act 1954, s. 40	382	(6)
Appendix 14 Landlord's Notice under the Landlord and Tenant Act 1954, s. 25	388	(2)
Appendix 15 Tenant's Request under the Landlord and Tenant Act 1954, s. 26	390	(2)
Appendix 16 Environmental Enquiries of Seller's Solicitors	392	(2)
Appendix 17 British Property Federation Collateral Warranties	394	(23)
Index	417