Letting Your Tenant Go: Consenting to Assignment and Underletting
Background If you are a landlord of commercial property, you will have chosen your tenants carefully. A landlord wants to be sure that a tenant will pay the rent and service charge, and that the tenant will comply with the obligations in the lease so that the property is kept in good repair. At the…
Read detailsLiability of partners for partnership debts
Background Running a business through a traditional partnership has many advantages, including the ability to keep financial information confidential, less onerous compliance with statutory rules for companies, and transparent tax treatment where partners are only taxed on the profits they receive, not on the overall profits generated by the business. However, one of the biggest…
Read detailsCollateral Warranties
Background There has been a lot of online chat in the last few weeks as to whether a collateral warranty can be a construction contract and as such can be the subject of an adjudication. This chat has followed the decision the Court of Appeal in the case of Abbey Healthcare (Mill Hill) Ltd v…
Read detailsGreen Space
Background Growing awareness of the role of our built environment and green space in tackling carbon emissions is also shaping attitudes to the way commercial property is developed and managed. Investors and developers who understand the need for green space around their buildings are finding they may have a commercial advantage. The green credentials of…
Read detailsWhy Clarity on Dates and Time Limits Is Needed in Construction Contracts
Background Have you ever signed a contract which seemed to be perfectly clear, straightforward and reasonable at the time it was agreed, but which later turned out to be ambiguous in important respects or which gave rise to unintended and arguably unfair results? If so, you are not alone. Indeed, in our experience, many construction…
Read detailsWhat to Expect When Giving Evidence at Court for a Business
Background Businesses may need to send someone to court for a variety of reasons; from recovering an unpaid debt or contractual overpayment, to defending a personal injury claim or tax action brought against them by HMRC. Whatever the circumstances, there will be a need for evidence to support their position and often this will come…
Read detailsRestrictive Covenants and Development Sites
Background Even the most promising development can be knocked off course if the land is subject to a restrictive covenant. Restrictions of this sort can prevent land being built on or being used for specific purposes for many years, even if the development has planning permission. Restrictive covenants can cause big problems for developers, causing…
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