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Commercial leases.
Business Premises: Possession and Lease Renewal
Gary Webber
The new edition of this book provides you with all the guidance you need when dealing with the possession or lease renewal of business leases under radical changes to Part II of the 1954 Act. Formerly known as Possession of Business Premises, this guide steers you step-by-step through the law, procedures, evidence required and orders the court may make.
To order the book use the advert on the top right hand corner of this page.
ISBN: 0421764007
Price: £85
Published: December 2004
Publisher: Sweet & Maxwell
Property Notices: Validity and Service
Tom Weekes, Barrister, Landmark Chambers
Notices play a prominent role in every property lawyer's practice. Property Notices: Validity and Service is the only up-to-date work dedicated to this core area of practice and will be essential reading for all property lawyers.
A client's legal rights will often be exercised by the service of a notice (e.g. by the service of a notice to quit, a break notice, a rent review notice a leasehold enfranchisement notice, a notice to complete, a notice exercising an option, or a "section 25 notice" determining a business tenancy). The invalidity of a notice, or a failure to effect service of a notice, can have disastrous consequences: for example, a right to break a lease, or an entitlement to challenge a proposed new rent or a premium payable, might be irrevocably lost. Moreover, an invalid notice will frequently imply a negligent lawyer.
Yet the principles determining the validity of notices, and the rules governing service, are poorly understood. Property Notices: Validity and Service provides the definitive account of this important area of law, and will provide answers to key questions including:When does a failure to comply with a statutory "requirement" invalidate a notice?
Will a notice be invalidated if it contains statements or proposals that are not honestly made?
Will the misidentification of the server or recipient be fatal?
When can errors or omissions in a notice be "corrected" by the process of interpretation , propounded in Mannai Investment Co Ltd V Eagle Star Assurance Co Ltd [1997] AC 749?
Does a notice need to be served by all of the joint owners?
What is the effect of serving a notice "subject to contract" or "without prejudice"?
What are the requirements for valid service at common law?
What circumstances will a notice be deemed to have been served even if it has not been received by the recipient? ISBN: 978 1 84661 029 5
Price: £65.00
Format: Hardback
Published: February 2008
Edition: 1st
Publisher: Jordan Publishing
Distress for Rent: Law and Practice
"very well presented"
The Legal Executive Journal
Iain Travers, Partner, Nabarro Nathanson
Anthony Tanney, Barrister, Falcon Chambers
with Tamar Halevy, Solicitor, Nabarro Nathanson
Distress for arrears of rent is still a highly effective remedy when properly applied and especially relevant to insolvency situations. However, the ancient origin of much of the law means that many of the concepts are unfamiliar to practitioners today.
In this book Iain Travers, a leading property litigator and partner at Nabarro Nathanson, and Anthony Tanney, barrister, have assembled a detailed explanation of law and practice of distress, together with all relevant legislation and a comprehensive library of precedents. The result is a unique single volume reference on the subject for all property law advisers.
ISBN: 978 0 85308 485 3
Price: £42.00
Published: March 2000
Edition: 1st
Format: Papercover
Publisher: Jordan Publishing
Renewing Business Tenancies
Graham Fife, Solicitor, Manches LLP
Brian Hilditch, Solicitor, Manches LLP
In 2004 business tenancies underwent the most significant reform since implementation of the Landlord and Tenant Act 1954. The regime for renewal of such tenancies was radically altered by the Regulatory Reform (Business Tenancies)(England and Wales) Order 2003.
All property lawyers handling any commercial transactions need to know about these changes.
The new edition of this popular title has been substantially revised to explain the new law and procedure, as well as incorporating all recent relevant case-law. The authors' step-by-step approach is eminently practical and will enable practitioners to master the new regime at its inception.
The book also includes Checklists of Information, Part II of the 1954 Act (as amended by the 2003 Order), and numerous helpful tips for advisors to both landlords and tenants.
REVIEW
"excellent … by far the best practitioners' guide to this tricky topic … we heartily recommend it"
The Practical Lawyer
“In colloquial and approachable style, they offer useful material which goes beyond what is available in the standard textbooks … a welcome emphasis on what the solicitor actually has to do … a thoughtful and attractive production."
New Law Journal
Price: £47.00
Published: March 2005
Edition: 3rd
Format: Papercover
ISBN: 978 0 85308 843 1
Publisher: Jordan Publishing
Corporate Occupiers’ Handbook
Simon Woodhead, Howard Cooke
Corporate Occupiers’ Handbook is an invaluable guide for occupiers of commercial property and their professional advisors.
Written by a barrister and a chartered surveyor, it provides practical advice on the common legal, management and financial, issues that arise out of occupational and surplus leases.
The Handbook aims to provide practical advice to busy practitioners and contains useful precedent letters and notices, in addition to copies of relevant statutory provisions. It is structured around the life cycle of a lease and the topics covered include:Lease/licence
Service charge
Dealings, alterations and user
Rent review
Rent arrears, tenant insolvency and contingent liability
Termination and operating break clauses
Lease renewals
Dilapidations Contents:
Occupation/ negotiations and legal agreement; Dealing’s and user; Rent reviews; Rent collection; Lease renewals; dilapidations; Alienation and user; Alterations; Repair; Service charge; Accounting issue; Rent review; Landlord and tenant default; Tenancy renewal; Repairs and dilapidations; Legacy portfolio issues.
Readership:
In-house property teams, surveyors acting for occupiers, solicitors, accountants, students.
Price: £49.99
Publication Date: 15 November 2007
Format: Paperback
ISBN: 978-0-7282-0511-6
Publisher: EG Books
Business Tenancies: A Guide to The New Law
Jason Hunter, Russell-Cooke
Business Tenancies: A Guide to the New Law provides an authoritative and guide to the Regulatory Reform Order that amended Part II of the Landlord and Tenant Act 1954. It gives a clear explanation of the changes and crucially, places each change in the context of the position prior to implementation. The book includes worked examples to illustrate how the changes might take effect in practice. Written by an acknowledged expert, it is a convenient tool for practitioners to identify the changes and their impact.
£39.95
June 2004
Paperback
ISBN: 1 85328 956 6
Publisher: The Law Society
The A-Z of Commercial Leases
John Martin, LLB (London), LLM (Michigan), Solicitor, Director of Property Law Research, Pinsents
This book focuses on a number of topics that commonly arise in the drafting and negotiating of a commercial lease. Topics are dealt with at varying levels of detail: in the case of Assignment, for instance, only the tests that a landlord might seek to impose in a lease that is a new tenancy are covered. When it comes to Break Rights, on the other hand, greater depth is provided.
Key areas covered include:The Code of Practice for Commercial Leases.
The Guide to Good Practice on Service Charges in Commercial Properties.
The British Property Federation Short-Term Commercial Lease.
The British Property Federation and British Council for Offices Model Clauses for an FRI Office Lease of Whole.
The amendments to the Landlord and Tenant Act 1954.
Thoughts on ways of making much greater use of the Heads of Terms stage of a lease negotiation have been thoroughly expounded. This book tries to compress into a comparatively small volume some reminders of basic principles and some helpful nuggets of practical advice.
Property lawyers, surveyors and all those who manage commercial properties will agree that these nuggets are golden.
John Martin's previous work Commercial Traps: 50 Traps for the Unwary provided an often-praised clarity that enabled practitioners to focus quickly on the nitty-gritty of a problem without having to read background material. This new book extends that principle.
Published: November 2003
ISBN: 1 85811 324 5
Price: £52
Publisher: EMIS Professional Publishing
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