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Understanding the insurance provisions in your commercial lease

Paige Phillips
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The insurance provisions in commercial leases tend to get glossed over when the lease is being negotiated, but they can have important practical implications.  In particular, a commercial landlord should check the terms of the lease and get legal advice...

Commercial property, green space, and The Queen's Green Canopy

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From individual landowners to corporate developers, everyone is being encouraged to play their part in enhancing our environment by planting trees for The Queen’s Green Canopy, an initiative to mark Her Majesty’s Platinum Jubilee in 2022. ...

Your commercial property portfolio - time to restructure?

Amy Clarkson
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A commercial property portfolio is just like any other investment - to get the best out of it, you need to manage it well, and sometimes it will benefit from being restructured. The unforeseen impact of Covid-19 on the whole of the UK economy has underlined...

Agricultural Land - The benefits of being registered

Amy Clarkson
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A significant percentage of land in England and Wales is still unregistered and a large part of that is agricultural and rural land. Why?  Well, agricultural land often remains within the same ownership for decades and land which was purchased before...

Buying a freehold investment property

Elizabeth Simpson
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If you are looking to invest in commercial premises; either as a base to run your business from, or as the start of a property portfolio which you plan to manage and let out to tenants, your two main options are either taking on a lease or buying the...

Consent to lease assignment - quick guide for commercial landlords

Paige Phillips
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A sensible landlord will take great care when picking an initial tenant and should exercise the same caution when deciding whether that tenant should be allowed to assign their lease to someone else.  The difficulty with an assignment is that the...

Restrictive covenants and development sites

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Even the most promising development can be knocked off course if the land is subject to a restrictive covenant.  Restrictions of this sort can prevent land being built on or being used for specific purposes for many years, even if the development has...

Selling your land through a conditional contract

Amy Clarkson
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If a developer wants to buy your land you will want them to sign on the dotted line as soon as possible.  But what if planning permission is required before the development can go ahead or you need the agreement of your neighbour to release you from a...

Building Regulations update - Electric Vehicle Charging Points

Elizabeth Simpson
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New legislation taking effect from 15 June 2022 requires all new homes, construction projects, workplace, and retail buildings to install electric vehicle (EV) charging points. Currently, the UK lacks the electric charging infrastructure which is needed to...

The effect on lease renewal rent following the pandemic

Natalie Freer
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When you enter into a commercial lease, your solicitor may talk to you about the lease being “contracted out” or not having “security of tenure”. What this means is that certain provisions of the Landlord and Tenant Act 1954...

Renewing or extending your commercial lease

Isobel Willoughby
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When a commercial lease is due to end, both landlord and tenant will consider their business plans to decide whether they want to put a new or extended lease in place.  Many business tenants have an automatic statutory right to ask for a new lease when...

Resolving a commercial dilapidations claim

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It is not uncommon for commercial landlords and tenants to disagree about the extent to which repair, redecoration and reinstatement obligations have been complied with when a lease comes to an end. Disputes of this nature are known as a ‘dilapidations...

Dealing with Trespasses

Claire-Racheal Matthews
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Trespass can be a concern to many landowners; not only does it present a security risk to the property but can also cause nuisance and damage. Trespass may happen in many ways including but not limited to; an individual simply walking over your land where...

Securing access for a commercial property

Isobel Willoughby
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Once a commercial tenant has agreed a lease and moved into business premises, they will rely on having unobstructed access to easily enter the premises for the purposes of their business.  Unless premises sit alongside a public road, they will probably...

Buying offices as an investment

Isobel Willoughby
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The best investment property will be one where the fundamentals are right.  It should be in a suitable location, in sound structural condition, and ideally give you scope to upgrade and reconfigure the internal layout to appeal to a range of tenants. ...

Buying an asset-based business - what to look out for?

Ian Barnard
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If you are contemplating buying another business, then you will have been suitably impressed with the sale particulars.  But these do not tell the whole story and when you decide to acquire the assets of a business you will want to satisfy yourself that...

Christmas trading - implications for landlords and tenants

Isobel Willoughby
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Retail, leisure, and hospitality businesses will be banking on a good festive season this year. Shops will want to stay open for longer and may want to add to their usual offer, to attract as much footfall as possible. Landlords with empty units will be...

Property and Land Law

Clair Douglas
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Key points to consider as part of your business and farming family resilience.   When considering the issue of resilience specifically in connection with your agricultural business there are certain points where our team of specialist land law...

Commercial property considerations for damage by insured risks

Isobel Willoughby
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Commercial landlords rely on insurance to cover the cost of repairing damage to their investment property beyond normal wear and tear, and business tenants expect a rent holiday if they cannot use their premises.  Many commercial landlords and tenants,...

Making your commercial property portfolio more sustainable

Isobel Willoughby
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Growing evidence of climate change has put sustainability firmly on the commercial property agenda.  Owners, occupiers, and lenders are increasingly focused on ‘ESG’ which refers to environmental, social and governance issues.  Lenders...

Rent moratorium, arbitration and recent judgment for landlords

Natalie Freer
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The Coronavirus Act 2020 currently prevents landlords evicting commercial tenants for non-payment of rent. This restriction will, in principle, remain in place until 25 March 2022. This rent moratorium was first introduced in March 2020 as part of the...

Landlord options if a tenant breaches repair obligations

Isobel Willoughby
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Making sure a commercial property is well maintained is one of a landlord’s key priorities, and it is almost as important as getting in the rent. Under a full repairing and insuring lease; the tenant is obliged to keep the property in a good state of...

Pitfalls to avoid in contract pricing in commercial agreements

Ian Barnard
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If you are a fan of Marmite or Hellman’s mayonnaise, you may recall a brief dispute that broke out between Tesco and Unilever in late 2016 which led to the supermarket temporarily suspending the sale of a range of popular branded products. The dispute...

Obligations under a full repairing and insuring commercial lease

Isobel Willoughby
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Keeping commercial property insured and in good repair is important for both landlords and tenants, but for slightly different reasons.  The tenant wants to be able to run a business from a well-maintained property.  The landlord’s chief...

Considerations for landowners re water drainage and sewers

Ian Barnard
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Water, drainage, and sewers; out of sight, but not out of mind.   When contemplating our business properties, attention tends to focus on the visible aspects, such as the architectural design or practical aspects such as access facilities or security....

What are private rights of way over land

Elizabeth Simpson
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Often, access to agricultural land requires a right of way over someone else’s neighbouring land or a private road/track which has not been adopted by the Highways Authority. A right of way is an easement. This is a right for one landowner to use...

Recovery of commercial rent arrears accrued during the pandemic

Maria Eames
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Before the coronavirus struck, the options for landlords looking to recover commercial rent arrears were extensive.  Depending on the circumstances, you could use the statutory commercial rent arrears recovery procedure (CRAR), effect forfeiture by...

Ten key negotiating points when taking a new commercial lease

Ian Barnard
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When a landlord and tenant try to settle the terms for a new commercial lease, each party will have clear objectives.  The landlord wants a secure income stream and confidence that the property will be left in good condition at the end of the...

Anthony Baines demonstrates our Service Pledge

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Anthony Baines, a Senior Associate Solicitor in our Commercial Property team, has truly demonstrated his commitment and delivery of our Crombie Wilkinson Solicitors Service Pledge. Our Service Pledge has 8 commitments, and we work together as a team to...

Extending your commercial property

Ian Barnard
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If your business is expanding, you may have outgrown your current premises.  Before you start looking for a new site, it is worth investigating whether you could extend your existing property.  Depending on the site and the nature of your building,...

Site assembly for development

Ian Barnard
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If you have a great idea for developing a piece of unused land, you may find that you need to get control of some neighbouring property to provide access or just to make the development large enough to be financially viable.  Assembling a site can be...

Resolving a commercial lease dispute in a recession

Neil Largan
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With the UK economy currently in the deepest recession since records began, disputes between landlords and tenants are beginning to rise as pressure mounts on commercial occupiers to find ways to diversify and slash overheads in order to survive...

Five key benefits of registering your farmland

Elizabeth Simpson
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Unregistered land is land which is not registered with the Land Registry. In order to prove ownership, the owner of the land must produce historical title deeds which are complex and can sometimes be ambiguous. The Land Registry estimates that approximately...

Legal tips for optimising the sale value of commercial property

Ian Barnard
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If you are reviewing your commercial property portfolio, you may decide that the time is right to sell some of your property.  It goes without saying that you will want to get the best possible value from the sale.  Prices are strongly affected...

Can I change the use of my business premises?

Isobel Willoughby
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If the pandemic has left you with empty commercial property , now could be a good time to look for alternative uses.  To help businesses make the best use of commercial real estate, the Government has made the planning rules more flexible so that it...

Leasehold Reform - making home ownership fair and more secure

Elizabeth Simpson
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On 7 January 2021, changes came into force which enable leaseholders to extend their leases by up to 990 years without the need to pay any ground rent. There are currently approximately 4.5 million leaseholders in the UK who face paying high ground rents...

Exiting your commercial lease - what are the options?

Isobel Willoughby
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‘ If your business is struggling and you lease your premises, it might be tempting to simply hand back the keys and walk away from your lease ,’ says Isobel Willoughby , Director and commercial property solicitor with Crombie Wilkinson...

Coronavirus - advice for employers

Isobel Willoughby
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As concerns over the Coronavirus increase, we are finding that a lot of employers are asking our advice in relation to their obligations towards their employees. Coronavirus – What is it? “Coronaviruses (CoV) are a large family of viruses...

A helpful guide to taking a commercial lease

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Taking a commercial lease represents a huge investment and commitment with regards to time and finances for a business. We have therefore set out below a guide with the basic steps of obtaining a commercial lease . ...

Top 10 tips for renting an industrial or commercial property

Duncan Morter
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Our Commercial Property team have put together the following top 10 tips for you to consider when looking to rent an industrial or commercial property. Be prepared – consider the property you are looking to rent, how much space do you need? How...

Newly qualified solicitor to Managing Director in 20 years

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September 2019 has seen Duncan Morter, Managing Director at legal firm Crombie Wilkinson Solicitors, celebrate 20 years at the firm. After graduating from Cambridge University in 1995 and obtaining a Distinction at Law School, Duncan completed his legal...

Guide to signing a commercial lease

Duncan Morter
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There is a lot you need to know before you sign a commercial lease. Read our guide on the key considerations to review when you are in the position of signing a commercial lease. The considerations when taking or granting a commercial lease are many, and...

Do commercial tenants have rights?

Duncan Morter
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Commercial tenants do have rights but they are more limited than residential tenants. Commercial tenants may have the protection of the Landlord and Tenant Act 1954. Find out if the Act applies to you as a commercial tenant as well as information on...

News update for Landlords on MEES Regulation

Ben Simpson
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Landlords need to be aware of environmental legislation requirements before letting their properties. This is called the Minimum Energy Efficiency Standard (MEES) Regulation. The main aim behind this is to prevent Landlords from renting out residential and...

Business Banking Switch - Royal Bank of Scotland customer?

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If you are a Williams & Glyn (division of Royal Bank of Scotland) customer, and your business has an annual turnover of less than £25 million then you may be eligible for incentives to switch your banking to another provider. Summary of what is...

Allowing a mast onto your land or even renewing an old agreement?

Ian Barnard
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For many landowners, an attractive way to utilise their land without creating too much disruption to their core farming business, was to allow telecommunication masts to be erected on their land. Whilst not visually attractive, the masts would generally be...

Thinking of buying a second residential property?

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Are you an individual thinking of purchasing a second residential property in the UK? Whether it is that holiday home you have always dreamed of or a buy-to-let property then there is a higher rate of Stamp Duty Land Tax (SDLT) that you need to be made aware...

Exciting Times in Food and Drink

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It is an exciting time to be in the food and drink sector in Yorkshire. An interesting article from Bdaily.com can be found here showing excellent growth over the last 12 months for Yorkshire and Humber food and drink exports. There has been an 11%...

New Appointment Announcement

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Joseph McCullough has recently joined the Commercial Property team at Crombie Wilkinson Solicitors. Joseph will be focusing his 10 years of experience acting for both landlords and tenants, on servicing the many independent shops and café’s of...

Landlords: Changes to EPC ratings are coming, are you prepared?

Duncan Morter
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What are the new Regulations? The Minimum Energy Efficiency Standards Regulations (MEES) set out the minimum level of energy efficiency for properties in England and Wales. From 1 April 2018, it will be unlawful for landlords of non-domestic private...

Why trademark your brand?

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If you were asked why it is important to protect your brand, I’m sure you could supply an endless list of motives. However, the common misconception lies in how to do this effectively. Simply registering your business name at Companies House or...

Buying a small business?

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Many people decide to purchase a small business as a going concern, be it a pub, bed and breakfast, cafe, or something a little more unique.  You might already have a lot of experience in how to run the particular business (or, at the very least, bags...

Data Protection; Get it Right

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The Information Commissioner's Office (ICO) has recently imposed fines on several organisations for data breaches: Hampshire County Council was fined 100,000 for failing to implement effective contingency plans to protect personal data when...

Update for Commercial Tenants

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A High Court decision provides a helpful reminder for commercial tenants of the need to fully comply with any conditions for exercising a right to break the lease. Otherwise, as in this case, the lease will continue to exist and the tenant may have lost...

Short term occupation

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Short term occupation which agreement to use? A landowner’s income from a short term agreement to occupy can often be low and without any guarantees as to how long that income will last.  They are likely therefore to want to put the...