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The Duty to Manage Asbestos - HSE Guidance
According to statistics provided by the Health and Safety Executive (HSE), asbestos is the single greatest cause of work-related deaths in the UK. Every year 1,000 people who have been involved in carrying out building maintenance and repair work die as a... -
Commercial landlords and misrepresentation claims
Whether you are a commercial landlord or tenant – beware of misrepresentation and claims for compensation under s.37A Landlord and Tenant Act 1954 First reported case on s.37A - Inclusive Technology v Williamson [2009] EWCA Civ 718 In this case... -
Termination of Leases - Tips for Landlords
In the present economic environment, many tenants will be seeking to vacate premises, reduce the size of their premises or renegotiate their leases, so times are tough for landlords. Furthermore, tenants who were ‘good tenants’ or who seemed... -
Understanding Options
People who want to buy a property but do not currently have the means to do so, or who simply want to be guaranteed the opportunity to buy it during a specified period or at some future date, will often undertake an option agreement with the owner. Under... -
Termination of Leases - Tips for Tenants
Break clauses in commercial leases have probably received more attention from tenants in the last year or so than at any time since the early 1990s. For tenants seeking to break their leases, here are some pointers: Make sure any notice to break the... -
Landlords - Dealing With Pre-Pack Tenants
Businesses in financial difficulties are increasingly seeking ways of ridding themselves of extra costs and, in many cases, premises let in more promising economic times are viewed as a substantial and avoidable liability, especially for businesses which... -
Landlord Insolvency
What happens when a landlord’s liquidity is in question? If you suspect that your landlord may be in financial difficulty you can find out by checking the Companies House website. This article sets out a brief guide to what tenants can do to protect... -
Tenancy Deposit Protection Schemes - Rules
If you are a landlord it is vital that you are aware of the requirement that all deposits taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales must be protected by a tenancy deposit protection scheme. There are two... -
Capital Allowances
The use of Capital allowances can be an easy route for businesses to offset their corporation tax liabilities by reducing their taxable profit. In a challenging market businesses may be suffering from cash flow issues and greater efficiency in their capital... -
The Grass is Not So Green on the Other Side of the HIP: The Commercial EPC
WHAT IS A COMMERCIAL EPC? Most commercial property owners should have now heard about the Energy Performance Certificate (EPC) with its full roll out having taken place on 1st October 2008. An EPC is required when a building is constructed, sold or rented... -
Energy Performance Certificates - PART 1
The building sector in the EU accounts for nearly 40% of the EU’s total energy consumption. In order to achieve greater energy efficiency the EU has therefore focussed on increasing the energy efficiency of buildings. The Energy Performance of... -
EPCs in Landlord and Tenant Relationships - Part 2
If you have not already familiarised yourself with the requirements of Energy Performance Certificates (EPCs) it is recommended that you read part one of this article, which deals with EPCs in general (“Energy Performance Certificates”). This... -
Tenant Insolvency
The effects of the current economic climate will be felt by both landlords and tenants of commercial premises but what can landlords do to get ready for the potential rise in the number of corporate insolvencies? Landlord’s remedies Imminent changes... -
Agreements Outside the Lease
A recent case stresses the significance of documenting every agreed term into the lease document. In June 2007 the Court of Appeal decided on the relevance of pre-contractual correspondence and in particular whether it could amount to a collateral... -
Buying Property Through a SIPP (Self Invested Personal Pension)
This is a guideline intended for clients of the firm who are interested in investing in SIPP properties. If you haven’t already, you will need to speak to an independent financial adviser if you wish to obtain further information about SIPPs. As... -
Captial Allowances - A Valuable Asset
Capital allowances should form a significant consideration in most commercial property acquisitions, construction projects and tenant fit-outs. They allow taxpayers to deduct qualifying expenditure each year as an expense to reduce taxable profit. The main... -
When is an Environmental Impact Assessment Necessary?
The The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply to any development likely to have significant effects on the environment by virtue of its size, nature or location. If a Local Authority fails... -
Rent Arrears Protocol
Since October 2006, a revised protocol has applied where a social landlord wishes to gain possession of a property occupied by a tenant under a secure tenancy, where possession is sought on the grounds of arrears of rent. It does not apply to claims... -
Stamp Duty Land Tax: Beginner's Guide
Stamp Duty Land Tax (SDLT) is a self-assessed tax. The onus is on the taxpayer to make the necessary land transaction return, calculate the tax and pay it across. This is a fundamental change. The old Stamp Duty regime taxed documents, so it was... -
Mixed Premises - Legal Status
Living ‘above the shop’ is quite common in the small business sector and where the premises are rented, the lease will cover both the business and residential parts of the property. However, the statutory basis for repossession is quite different... -
Compensation for Loss of Light
Following a recent case in which a dispute regarding a property owner’s right to light was unexpectedly dealt with by the granting of an injunction against a developer, a more recent case has offered guidance on how much compensation might be payable... -
Options and Pre-emption Rights
Prospective purchasers and vendors of land frequently wish to ‘lock in’ the other party to the deal and the means by which this is done will normally involve the prospective vendor either giving the prospective purchaser an option to purchase the... -
Data Protection Guidance for Landlords
The Information Commissioner's best practice guide for landlords - written to to assist them in complying with the Data Protection Act can be downloaded from the Information Commissioner’s website . The guide includes a checklist which is intended to... -
When Green is Brown (and Vice Versa)
Development in rural areas presents a number of challenges for planning teams and developers alike. Whilst planning policy is clear that previously developed (i.e. 'brown') land is to be used for new housing in preference to undeveloped ('green') land, even... -
Construction Act Changes
On 1 October 2011, changes to the Housing Grants, Construction and Regeneration Act 1996 (normally called the Construction Act) came into force. These apply to all relevant contracts entered into from that date. The changes include: The removal of...
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Landlord, Tenant and Property
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Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.
Our professional indemnity insurer is Balva Insurance Company AAS and is in respect of the firm's practice.
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Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.