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Contemporary Issues in Commercial Property

General Facts

Satnam Property Ltd is the leaseholder of a plot of land containing a range of industrial buildings, Unit 1, Unit 2 and Unit 3 on Hatfield Road St Albans Hertfordshire AL1 9AB (as attached map with description WH897654 in red). The three industrial units are contiguous to the Retail Area (RA) as shown in the green legal requirement).

On 2 September 2010, Satnam leased Unit 1 to Benaiah Iscariot for a period of twenty years on a fully protected business tenancy. Satnam Properties has agreed that it would really like to see Unit 1 to destroy some of the interior walls and to lease the property to a new occupant with much less spaces. There is a clause in the (Clause 12(1)) of the contract, which provides:

." .. the owner shall have the right to cancel this lease by making notice in writing to the tenant and the tenant's counsel not less than six months in year 10 of this contract ...

Satnam sent a letter to Benaiah only, in compliance with Clause 12(1), confirming that it wished to destroy its internal walls and that Benaiah should be vacated within 6 months of the notification. Nevertheless, the managing director of Satnam has told you through word of mouth that they are actually in financial difficulty and will not be able to perform any research if Benaiah leaves on a voluntary basis after getting the necessary notices. Notice that Benaiah built a new boiler in Unit 1 in April 2016.

Contemporary Issues in Commercial Property - Unit 1

1. Transferring of a company- Purchases and acquisitions of companies also require the relocation of the intended industrial establishments. Purchasing a company and its land includes a commercial selling deal, along with the award of a lease agreement or the transfer of an current contract.

Buying or selling of stock of a limited partnership takes with it the ownership of the business 's securities, so the investor has to be adequately informed as part of his legitimate due diligence as to what obligations and properties he or she is carrying in for the acquisition of the business, so the seller would need to constantly make declaration against guarantee.

These are the 5 ways how one can terminate the lease Agreement in UK:

  1. Finishing a lease with a note from Section 21-Serving a custody warrant
  2. End / Closure of constant rental agreement
  3. Termination of the lease until the owner 'surrenders'.
  4. Start of rental agreement of Collective Consent.
  5. Termination of Lease with Section 8 – Notification of Occupant Eviction
  6. Start of Tenancy with Split Provision

In this following case, Section 8 deals with expulsion of the owner from the lease agreement.

The crassest way to conclude a lease deal, and one we all need to stop. Although at any stage the homeowner has reasons to expel the occupant, they can begin the eviction proceedings by issuing a warning of expulsion under section 8. Arguably the most important cause for the expulsion is rental payments.

Able to serve Section 8 will always be the final choice, as moving down that road will be lengthy and difficult if the occupant wants to never resign at the behest of the warning. Until delivering the warning, it's worth attempting to convince the occupant to give up the lease to attempt to save the reciprocal arrangement. Of reality, it's not quite as simple as that, often it's just renters.One would not even want to play dirty. That is where the rolling pin becomes effective.[1]

Section 8 can be provided at some time during a lease, although in many instances it is quicker and more realistic to support Section 21 and also get ahead of a delinquent occupant. The explanation for this was that Section 8 does not ensure eviction / ownership. A homeowner might want to disregard the warning to stay in the house, and so the matter might eventually wind up in trial with the judge to determine his fate. Unfortunately, the result will not be in the favor, so therefore be on the side of the occupant so give the right to live in the house. Basically, the entire thing could drag on for a few years, and that you could not yet also get an ideal result.

Split or Break Clauses in the Lease Agreements

Most rental arrangements have 'split provisions,' which ensures both the owner and occupant have the right to end the rental arrangement early. Honestly, one does not get the concept of the split provisions though if one is supposed to get one of these, you might as well have a 6 month rental deal (this is the minimum period and the expected short-term rental might be). In every case, the terms of the contract of the written agreement also depend mostly on provisions of the rental agreement. Generally, the occupant or the landlord can provide notice (approximately two month warning is deemed necessary) within the defined period of the lease in order to end the tenure soon. A most famous definition of a split clause.

On 2 June 2017, Satnam leased Unit 3 to Fischer Enterprises Ltd for a protected business tenancy for a term of twelve years for the general sale of goods only. This week, Satnam found that Fischer Enterprises Ltd used the property as a betting shop and wanted to end the contract.Satnam Property on whether to revoke the lease toward Fischer Enterprises Ltd and on any claims that Fischer Enterprise might just have to appeal. The Retail Area is the responsibility of March Plants Ltd.[2] On 1 April 2020 a mandatory purchasing order was announced by the Minister of Transport over property adjacent to the abandoned area but never for a Retail Zone itself. The property to be acquired would be used for the construction of a modern sanitation station. March Plants Ltd 's property is not subject to a contractual purchasing contract, however the owners of March Plants Ltd have requested you for clarification about whether they anyone has any right to reimbursement on the grounds of the forced acquisition of surrounding assets.

Contemporary Issues in Commercial Property - Unit 2

Satnam plans to rent Unit 2 to Anita Myers on 29 September 2020 for a period of six years. No side would want to be constrained by the Landlord and Tenant Act of 1954. Satnam would want the land back to the end of a word for the same reasons as before. Planning approval is added to the land, requiring the site to be used for general shopping purposes only.

Satnam plans to rent Unit 2 to Anita Myers on 29 September 2020 for a period of six years. No side would want to be constrained by the Landlord and Tenant Act of 1954. Satnam would want the land back to the end of a word for the same reasons as before. Planning approval is added to the land, requiring the site to be used for general shopping purposes only. Accordingly the practice that Satnam and Anita Myers would follow in order to not be protected by the Landlord and Tenant Act 1954.

Most rental arrangements have 'split provisions,' which ensures both the owner and occupant have the right to end the rental arrangement early. Honestly, one does not get the concept of the split provisions though if one is supposed to get one of these, you might as well have a 6 month rental deal (this is the minimum period and the expected short-term rental might be). In every case, the terms of the contract of the written agreement also depend mostly on provisions of the rental agreement.[3]

Generally, the occupant or the landlord can provide notice (approximately two month warning is deemed necessary) within the defined period of the lease in order to end the tenure soon. A most famous definition of a split clause. Section 11 of the Landlord and Tenant Act 1985 allows for an total and non-exclusive duty on tenants to carry out simple maintenance. It is included in all lease arrangements unless:

Tenancy started on October 24, 1961. Tenancy shall be a fixed period of seven years or longer (with few exceptions, see 'Lettings not protected by section 11' below).

Section 11 does not form part of license agreements. The homeowner could not try to circumvent their responsibilities by utilizing explicit contract agreements to either aim to escape or transfer over the liabilities to the occupant. The responsibilities levied shall extend on all personal and public tenants.

Satnam plans to rent Unit 2 to Anita Myers on 29 September 2020 for a period of six years. No side would want to be constrained by the Landlord and Tenant Act of 1954. Satnam would want the land back to the end of a word for the same reasons as before. Planning approval is added to the land, requiring the site to be used for general shopping purposes only. Anita decides to be using the estate to sell hot food, but Satnam asks whether a planning application is required for such a reason and what protocol would be appropriate to decide not whether planning approval is necessary.

Planning permission would be required in order to use the property for commercial purposes for sale of hot food. The planning permission would be required because in order to use the property for commercial purpose, it is essential to bring about certain changes for example installation of certain commodities that would be required for preparing the food, a spacious area for customers to sit and enjoy the services, a particular space for kitchen where the food would be prepared, a certain area for the cashier who would be responsible for collecting the fair of their services and hence return them the change. These changes are necessary to bring about in order to ensure that the business works effectively and the customers are provided with efficient services. For this purpose a particular planning permission would be required from the owner of the property in order to inform him regarding the innovations that would be done in the area and hence continue with the process. In order to do this, Anita would require to apply for a certain planning permission and hence represent it to the owner of the property. This would be in document format and after the owner goes through the document he would provide his approval regarding the same.[4]

Planning approval is the secret to transforming a patch of property into a suitable construction site, and there is a mechanism in effect to avoid unauthorized growth. Generally speaking, planning consent is a crucial aspect of any self-construction or substantial expansion scheme, or any proposed renovation of the home for a listed house or land situated in a specified location. Although asking for building permits may be time-consuming (and often painful), it is helpful not just to grasp what the procedure entails, but also to provide a good idea of what the municipal planning authority is likely to accept. [5]The property owner or his agent does have the permission to join the property to investigate the situation and state of maintenance, and must start giving the tenant a 24-hour formal notification of his intention to do just that. Whether the proposal requires building permits, this definitive guide addresses all you can for a good application — from what you require planning authorization and how much it costs, how one might hire a consulting contractor, how long the procedure will take, but what the choices will be if your implementation is denied.[6]

Satnam plans to rent Unit 2 to Anita Myers on 29 September 2020 for a period of six years. No side would want to be constrained by the Landlord and Tenant Act of 1954. Satnam would want the land back to the end of a word for the same reasons as before. Planning approval is added to the land, requiring the site to be used for general shopping purposes only.
One of managers of Satnam Properties asked you to inquire whatever the legal situation would be if the occupant stayed in occupancy beyond the completion of the contract of Unit 2 and the owner refused to receive the rent from either the owner.

Under this act if the lease is not contracted out and it happens that the tenant remains in occupation of the premises for the business purposes, then there will be no automatic termination of the lease upon the expiry of the term of contract, as it primarily happens when the lease is out of contract. The lease will automatically continue on the same terms until and unless the necessary notice is served in order to implement the formal lease renewal/termination procedure as specified by the Act. As per the Act, if no action is initiated either by the landlord or the tenant , the lease will hold over to exactly the same terms as before.In addition to this the either parties are entitled to apply for a new lease to be granted at the court in respect of the premises on, essentially on the same terms as the original lease only with the exception in rent. This generally happens where the either parties agree on the fact that a new lease be allowed but somehow cannot agree on the terms of the lease or when the landlord denies to give a new lease.[7]

Somehow the landlord has the ability to oppose the grant of the new lease but this ability is limited on the basis that the landlord needs to prove one or more of the seven statutory grounds set out in the Act. Based on those grounds the landlord may be obliged to pay the compensation to the tenant if he is able to successfully oppose the grant of the new lease.However if the landlord is not successful in opposing to the new lease then the court will order for a new tenancy and settle the terms with the parties if they are unable to do so.[8]

Contemporary Issues in Commercial Property - Unit 3

Transferring of a company- Purchases and acquisitions of companies also require the relocation of the intended industrial establishments. Purchasing a company and its land includes a commercial selling deal, along with the award of a lease agreement or the transfer of a current contract.

Buying or selling of stock of a limited partnership takes with it the ownership of the business 's securities, so the investor has to be adequately informed as part of his legitimate due diligence as to what obligations and properties he or she is carrying in for the acquisition of the business, so the seller would need to constantly make declaration against guarantee.

These are the 5 ways how one can terminate the lease Agreement in UK:

  1. Finishing a lease with a note from Section 21-Serving a custody warrant
  2. End / Closure of constant rental agreement
  3. Termination of the lease until the owner 'surrenders'.
  4. Start of rental agreement of Collective Consent.
  5. Termination of Lease with Section 8 – Notification of Occupant Eviction
  6. Start of Tenancy with Split Provision

In this following case, Section 8 deals with expulsion of the owner from the lease agreement.

The crassest way to conclude a lease deal, and one we all need to stop. Although at any stage the homeowner has reasons to expel the occupant, they can begin the eviction proceedings by issuing a warning of expulsion under section 8. Arguably the most important cause for the expulsion is rental payments.[9]

Able to serve Section 8 will always be the final choice, as moving down that road will be lengthy and difficult if the occupant wants to never resign at the behest of the warning. Until delivering the warning, it's worth attempting to convince the occupant to give up the lease to attempt to save the reciprocal arrangement. Of reality, it's not quite as simple as that, often it's just renters.One would not even want to play dirty. That is where the rolling pin becomes effective.

Section 8 can be provided at some time during a lease, although in many instances it is quicker and more realistic to support Section 21 and also get ahead of a delinquent occupant. The explanation for this was that Section 8 does not ensure eviction / ownership. A homeowner might want to disregard the warning to stay in the house, and so the matter might eventually wind up in trial with the judge to determine his fate. Unfortunately, the result will not be in the favor, so therefore be on the side of the occupant so give the right to live in the house. Basically, the entire thing could drag on for a few years, and that you could not yet also get an ideal result.

Split or Break Clauses in the Lease Agreements

Most rental arrangements have 'split provisions,' which ensures both the owner and occupant have the right to end the rental arrangement early. Honestly, one does not get the concept of the split provisions though if one is supposed to get one of these, you might as well have a 6 month rental deal (this is the minimum period and the expected short-term rental might be). In every case, the terms of the contract of the written agreement also depend mostly on provisions of the rental agreement.

Generally, the occupant or the landlord can provide notice (approximately two month warning is deemed necessary) within the defined period of the lease in order to end the tenure soon. A most famous definition of a split clause.

On 2 June 2017, Satnam leased Unit 3 to Fischer Enterprises Ltd for a protected business tenancy for a term of twelve years for the general sale of goods only. This week, Satnam found that Fischer Enterprises Ltd used the property as a betting shop and wanted to end the contract.Satnam Property on whether to revoke the lease toward Fischer Enterprises Ltd and on any claims that Fischer Enterprise might just have to appeal. The Retail Area is the responsibility of March Plants Ltd. On 1 April 2020 a mandatory purchasing order was announced by the Minister of Transport over property adjacent to the abandoned area but never for a Retail Zone itself. The property to be acquired would be used for the construction of a modern sanitation station.[10] March Plants Ltd 's property is not subject to a contractual purchasing contract, however the owners of March Plants Ltd have requested you for clarification about whether they anyone has any right to reimbursement on the grounds of the forced acquisition of surrounding assets.

References for Contemporary Issues in Commercial Property

Dowden M, 'Landlord And Tenant Act 1954: Time For A Change?' (2015) 33 Journal of Property Investment & Finance

Smith R, 'Avoiding Part II Of The Landlord And Tenant Act 1954' (1996) 14 Property Management

Wilkinson H, 'The Law Commission Report On The Landlord And Tenant Act 1954, Part II' (1969) 32 The Modern Law Review

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