Commercial property Digest
- Registration of Village Greens
- Intention to Develop
- Mortgage Possession Claim
- VAT and "Virtual Assignments"
- Whose right to a rent review?
- Development Control Reforms
- Excluding oneself from adverse possession
- Upward Only Rent Reviews
- Forfeiture
- Amendment to Acknowledgment of Service
- Break Clause
- Interpretation of Restrictive Covenant
Registration of Village Greens
The case of Oxfordshire County Council v Oxford City Council and Robinson saw the Court of Appeal clarifying a number of issues in relation to the law on village greens. The basis of Miss Robinsons application for registration was that there had been 20 years use of the land as of right since 1970. Oxford City Council, however, objected to the application. It had owned the land since 1975 and intended to provide much needed housing on the land.
The Court of Appeal found that in order to qualify for registration it was necessary that there be 20-years user of the land until the date of registration, rather than the date on which the application had been made.
The registration of village greens is increasingly thwarting development as interested groups find out more about this area of the law. Why not be one step ahead? Contact info@dfalaw.co.uk. for further information.
Intention to Develop
In a recent case before the Court of Appeal the appellant landlord had opposed the grant of a new lease under section 30(1)(f) of the Landlord and Tenant Act 1954. The trial judge had found that there was not a sufficient intention to redevelop. The Court of Appeal, however, held that on the evidence the judge should have found that as there was a reasonable prospect of obtaining planning permission for redevelopment there was a fixed and settled desire to carry out the redevelopment and the landlord had therefore been able to satisfy ground f.
For advice on business lease renewal contact our commercial property team on info@dfalaw.co.uk..
Mortgage Possession Claim
In a recent case the Court of Appeal dismissed the defendants appeal against possession on the grounds that:
- the lender had title to sue as it was registered proprietor of the legal charge;
- whilst the power to vary interest rates was subject to an implied term that it would not be exercised improperly or capriciously, this did not prevent a lender raising interest rates for genuine commercial reasons; and
- there was no evidence that securitisation arrangements were in place which had the effect of qualifying the lenders power to vary interest rates by imposing a minimum rate.
We can help with all your commercial property law requirements - just email info@dfalaw.co.uk. for further details.
VAT and "Virtual Assignments"
As a result of a recent High Court judgment the contractual assignment of the benefits of a lease is a supply of interest in land and is therefore exempt subject to the option to tax not being exercised. The decision means that "virtual assignments" of leases are as good as legal assignments.
For further information on VAT in the context of your commercial property transactions contact info@dfalaw.co.uk..
Whose right to a rent review?
The High Court has held that there was no presumption that a rent review clause could be exercised by both the landlord and the tenant. The lease only provided the landlord with the right to call for a rent review.
The members of our commercial property team will do their best to ensure that the clauses in your commercial lease are drafted to match your expectations. For further assistance contact info@dfalaw.co.uk..
Development Control Reforms
Following a consultation on proposed key changes to the development control system outlined in the Planning and Compulsory Purchase Act 2004, the ODPM has published its Analysis of Responses. This shows widespread support for measures to prevent repeat planning applications and limits on the time for consultations but concerns were raised about the proposals to set a three-year time limit for the commencement of work following the grant of permission or consent.
Our commercial property team has considerable planning experience and can assist you at each stage of the development control process. Contact info@dfalaw.co.uk. now.
Excluding oneself from adverse possession
In a recent case the claimants act of taping off a piece of land on a temporary basis (in connection with unrelated litigation) was fatal to its claim in respect of that area of the land. The Court of Appeal found that the claimant had excluded itself from occupation of the strip which amounted to an interruption of possession.
For advice on boundary disputes, squatters rights and registering possessory title to land contact info@dfalaw.co.uk..
Upward Only Rent Reviews
The Office of the Deputy Prime Minister (ODPM) has published a Summary of Responses to its recent consultation on upward only rent reviews. Of the 94 responses received, nearly two-thirds opposed the idea of legislation, while 30% of respondents favoured some form of legislative intervention.
Our commercial property team can assist with the drafting and negotiation of your commercial lease. Contact info@dfalaw.co.uk. now for further details of the service we offer.
Forfeiture
In a recent case the court had to determine a dispute between the freeholder of County Hall and the tenant which traded as the Saatchi Gallery. It was held that the defendant had breached the terms of the tenancy in that it had displayed signs and works of art in areas outside its demise. It had also breached the terms of the lease in making a two for one ticket offer. The actions of the defendant meant that it was not entitled to relief from forfeiture.
For advice on forfeiture and commercial property matters in general contact info@dfalaw.co.uk..
Amendment to Acknowledgment of Service
In a recent case before the High Court the Defendant Landlord sought permission to amend its acknowledgment of service to include a landlords redevelopment break option in the new lease. It was held that as the proposed amendment was made in good faith and raised a triable issue with a reasonable prospect of success it would not prejudice the tenant if it was permitted.
For advice and assistance with landlord and tenant matters please contact info@dfalaw.co.uk..
Break Clause
In a recent case a lease contained a break clause allowing the defendant tenant to terminate so long as it had materially complied with its obligations under the lease. The dispute was whether there had been material compliance. The court held that not every defect had to be remedied. The standard of repair was of the reasonably minded tenant and a breach would only be material if it jeopardised the interests of the landlord.
For advice and assistance on complying with your obligations under a commercial lease - whether landlord or tenant - contact info@dfalaw.co.uk..
Interpretation of Restrictive Covenant
In a recent case which went before the Court of Appeal, the Court gave the word "victualler" in a lease the meaning of a person who supplies food and drink. The meaning was not restricted to licensed victuallers. In the circumstances the landlord was entitled to prohibit use of premises as a sandwich shop.
We can help with your commercial property requirements. Just contact info@dfalaw.co.uk..
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