Publications

Practical issues that a tenant should consider when exercising a break clause in a commercial lease.

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Several changes to planning law came into force on 6 April 2014. The changes introduce the following new permitted development rights for change of use:

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The Court has recently delivered an important judgment on the principles of private nuisance. The case related to a noise nuisance caused by the Respondents’ motocross and speedway stadium. The Court unanimously agreed with the Appellants (who lived near to the stadium) that the Respondents’ use of their property was a nuisance.

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The Department for Communities and Local Government has introduced a new empty property rate relief scheme for newly built commercial property. Relief will be available for new properties completed after 1 October 2013 and before 30 September 2016 and that are unoccupied for the first 18 months after completion of their construction.

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Break provisions allow tenants and landlords the right to terminate their lease before the expiry of a fixed term.

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 What is a break clause? 

A break clause can be included in a fixed-term lease allowing either you or your landlord to terminate the lease early.

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This guidance is aimed at businesses who are not regularly engaged in acquiring business premises or who may not have within their organisation expertise in this area.

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 Version one relates to the construction industry and versions two is relevant for property developers and landowners

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04 12 2009

Lease Termination

 

Whether you decide to remain in your existing premises or move, those tenants who prepare their strategy well in advance of the end of their Lease will reap rewards particularly in the tenant’s market which currently prevails.

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Since the abolishment of empty property business rates relief last year, most landlords benefit from only three months grace for non-industrial premises and six months for industrial premises before having to pay the full amount of business rates.

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