Commercial Property & Development

Helping a charity sell land through a promotion agreement

We acted for a charity entering into a promotion agreement with a promoter for c.100 houses.

Speciality Managing General Agent (MGA) Landmark Underwriting, a leading provider of innovative insurance solutions, has completed two acquisitions.

Speciality Managing General Agent (MGA) Landmark Underwriting, a leading provider of innovative insurance solutions, has completed two acquisitions. South East Law firm Thomson Snell & Passmore advised Landmark on the deals, which form part of the MGA’s wider growth ambitions.

Thomson Snell & Passmore advises on sale of premium dessert supplier, Rhokett Limited, to Spanish Private Equity backed food group, Palacios

A leading Kent based supplier of exceptional, premium chilled desserts, Rhokett Limited,  which has been operating for over 19 years, has been sold to private equity backed Palacios, a Spanish organisation which develops, produces and sells a wide range of food products.

Managing property portfolios in the pandemic

The client is a large company dealing in the distribution and supply of food, drink and other products mainly to the catering industry in the UK and Europe. 

Thomson Snell & Passmore acts for Rexton Investments Limited on new Burger King site

Alisa Sweeney, Partner in the Commercial Property team at Thomson Snell & Passmore, recently acted for our developer client, Rexton Investments Limited. 

Thomson Snell & Passmore handle all agricultural and commercial property matters for major landowner

Thomson Snell & Passmore acts for major estate in the East Midlands and major part of a village in the South East, acquired over several hundred years.

Thomson Snell & Passmore advise on the protection from mining rights in potential development on farmland

Sue Lister acted for a client who purchased neighbouring farmland but wanted to protect themselves from any development that might take place on that land, in particular mining rights.

Thomson Snell & Passmore advise local farmer on acquisition of land for duck business

Penny Edgar acted for a local farmer on their acquisition of land for, amongst other uses, their duck rearing business and potentially setting up a local shoot.

Thomson Snell & Passmore advise couple on the purchase of their first farm

Penny Edgar acted for a couple buying their first farm which consisted of a large area of arable land.

Lessons learnt in the refinancing of a farming partnership

The Commercial Property and Private Client team work together on the refinancing of a farming partnership in which the majority of the land to be charged was unregistered and had devolved by deeds of gift and testamentary disposition to the current partners.

Advising land owners on option agreements for housing development

We acted for land owners who had been approached by a developer to enter into an option agreement for a large housing development.  The proposed development formed part of a wider site which may, with planning, be developed in phases with various planning agreements including a school.  

Advising on a complex land acquisition and financing deal

We acted for a client on the acquisition of land forming part of a much larger site. The wider site had many issues to deal with including contamination, ecology and archaeology.  The seller had also entered into several planning agreements, including section 104 and section 36 agreements for the infrastructure at the site, which had to be considered as part of the transaction.  

Helping bring Costa Coffee to Rochester Riverside

Our on going relationship with Goldex Investments and their Costa Coffee franchise saw us recently exchange contracts on a new unit at the new Rochester Riverside development near Rochester train station. 

Thomson Snell & Passmore advise Colas Rail

Colas Rail is one of Europe’s leading suppliers of railway infrastructure services, and award-winning specialists in constructing and renewing all forms of railways.

Resolving conflicts concerning family assets

Our clients, two siblings, together with an estranged family member have inherited a Stud Farm in the West Country. The Farm is operated by a tenant. Our clients wish to see the Farm sold and there is a dispute with the other family member as the division of the proceeds of sale. Our clients issued proceedings in the High Court.  

Thomson Snell & Passmore advises on sale of franchise business

Thomson Snell & Passmore has advised Goldex Investments Limited, a major Costa Coffee franchisee in the UK

Assisting our client in the building of a distillery.

We were instructed by our client to assist them in the building of a distillery making gin, vodka and English grain spirit.

Drafting construction documentation involving a multitude of contractors and consultants

We have been instructed by our client who is currently carrying out a major refurbishment of its London aparthotel.

Thomson Snell & Passmore advise on the purchase of a large proportion of a tenanted farm

Thomson Snell & Passmore were instructed by existing clients on the purchase of a large proportion of a tenanted farm in East Sussex.

Thomson Snell & Passmore advise farming enterprise

Gilbert Green was contacted by local agents to advise their farming client on an old option that had been granted several years ago to a local housebuilder.

Thomson Snell & Passmore advise the Chatham Maritime Trust

The Chatham Maritime Trust (‘CMT’) manages the Chatham Maritime Estate (‘the Estate’), one of the largest urban regeneration schemes in the country, for the benefit of the residents and businesses there.

The commercial property team advise on an Agricultural Holdings Act

Thomson Snell & Passmore were instructed via land agents to help resolve an issue with the surrender part of an Agricultural Holdings Act 1986 (AHA) tenancy agreement of land in an estate, and a sub-tenancy (FBT) under the Agricultural Tenancies Act 1995.

Brexit uncertainty brings extra considerations for commercial property deal

The commercial property team at Thomson Snell & Passmore has recently assisted a young farming couple with a move from one county to East Sussex.

Thomson Snell & Passmore advise on complex 70 acre farm

Thomson Snell & Passmore represent substantial farming partnership

We have since advised the partnership in the purchase of a large part of an estate adjacent to its existing farms over which the partnership had old and new tenancy agreements

The commercial property team advise on family trust

Thomson Snell & Passmore recently acted for a family trust in connection with the renegotiation of an earlier option and the conversion to a conditional contract.

Thomson Snell & Passmore advise on windfarm lease agreement

Thomsons Snell & Passmore are acting for a client in granting an option for lease over a wind farm on the client’s farmland.

Thomson Snell & Passmore advise on difficult promotion agreement

Thomson Snell & Passmore advised a landowner in connection with a long term promotion agreement which was exchanged in 2015 but which ran into difficulty.

The commercial property team, acted for a large educational institution in connection with a £15m sale of surplus land to a national housebuilder.

A complex transaction for many reasons.

Thomson Snell & Passmore acted for a family business in connection with a £13m sale of a large industrial warehouse to a nationwide housebuilder.

The sale was structured as a sale and lease back and certain commercial space was leased back to the seller by the housebuilder.

Thomson Snell & Passmore advise on complex commercial property deal

The transaction involved four sites to create a large mixed used development consisting of open market housing, affordable housing, retail and office space.

Thomson Snell & Passmore were recently instructed to act for a lender in connection with a loan of £24,000,000 to be with a gross development value of £43,000,000

The loan facility was being provided to a reputable developer in order to refinance an existing site and create a mixed use scheme of 239 residential homes and office space.

When time is of the essence!

The real estate finance team at Thomson Snell & Passmore led by Laura Keatley recently completed a loan facility from start to finish in just four days.

Acting for longstanding client motor trade dealer group

Thomson Snell & Passmore has acted for the Motorline Group, a long-standing client of the firm in respect of its recent acquisitions of various dealerships across the South East, South West and the Midlands. 

Getting the most from the sale of family land

Penelope Edgar negotiated the sale of the last of a family’s land to their commercial tenant. The deal included overage provisions to ensure that our clients will receive a share in the event that the land is developed in future.

A commercial approach to a sand and gravel lease

Sue Lister worked to a tight deadline to prepare complex documentation in support of our client’s commercial deal. Her approach ensured everything completed on time.

Baumit's expansion into the UK

Leading South East law firm Thomson Snell & Passmore LLP advised Austrian company Baumit on its expansion into the UK, which involved the leasehold acquisition of a 30,000sq ft industrial building in Aylesford by a subsidiary company and the creation of 25 jobs.

Acting for a bespoke property finance firm

We act for a bespoke property finance firm lending mezzanine funding to established developers both locally and nationally.  Our client provides funds to developers by making loans or by entering into joint venture arrangements.

Advising a leading European bank

Advising a leading European bank in respect of a new loan facility of circa £10 million to be secured over a portfolio of 89 residential investment properties. 

Appointed to the panel of Titlestone Property Lending Limited

In November 2013 we were appointed to the panel of Titlestone Property Lending Limited.

Appointed to the panel of Close Property Finance Limited

In September 2013, we were appointed to the panel of Close Property Finance Limited

Advising a leading investment bank

Advising a leading investment bank in respect of a loan facility of £5 million to assist with the acquisition and permitted development conversion of redundant office space to residential flats in Yorkshire.

Advising a leading property finance lender

Advising a leading property finance lender in respect of a loan facility of £21 million to assist a well known developer acquire six connected properties for potential redevelopment for a sum of £30 million.

Advising North Kent Community Church

Advising North Kent Community Church (now known as Eastgate Church) in connection with the development and financing of a new place of worship and community facility as part of a residential development in the Thames Gateway in Kent.

Advising a national charity

Advising a national charity which supports adults who have suffered abuse in childhood.

Advising Pancreatic Cancer UK

Advising Pancreatic Cancer UK, a national cancer charity who that required property advice in quick succession with the taking of two a new short term leases within their its head office building and the grant of a further licence for alterations within their offices. 

Helping a client to incorporate solar into their farm

Our client, the farmer, was looking to make two key changes to his farm. He wanted to build over part of the land to create a solar farm and sell off another part of the farm for development.

Helping a farming company negotiate a disposal of land to a national housebuilder

Our client, a family farming company, owned land on the edge of a town earmarked for possible expansion.  We were called in by the company’s land agents to advise on terms proposed by a national housebuilder for an option to acquire the land, involving long term promotion through the plan process.  

Helping a trust to sell their farmland to a house builder for ongoing return

Our client, a family trust, needed to sell their farmland as a way to generate much needed income for the beneficiaries. We helped the trust to negotiate the sale of former farmland to a national house builder for residential development.

Helping a trust to prepare their agriculture land for residential development and secure a sale

This client story involves one of our longstanding clients; a Trust of which Gilbert Green is a Trustee.  Our client was able to gain from our knowledge of them, the site and our experience in negotiating planning agreements and dealing with national house builders.

Promoting farm land to national house builder

We acted for two farming families with adjoining holdings in the negotiation and exchange of a long term option to a national house builder to promote the joint site for residential development.

A developer wanting to promote land for a large residential development

An elderly couple and their company, were approached by a developer wanting to promote their land for a large residential development.

Acting for Eastgate Church

Our commercial property team were delighted to act for Eastgate Church on its relocation to a new site in Springhead Parkway in the Ebbsfleet Valley. Springhead Park is a joint venture development by Countryside Properties and Land Securities.  

Young couple taking over the farming family business

We have recently helped a young couple who have taken over the farming business set up many years ago by the husband’s family in East Sussex.

Acting for growing restaurant chain, Sticks’ n ‘ Sushi

Since January 2015 our commercial property team, (with input from our construction team), have been acting for restaurant chain, Sticks’ n’ Sushi UK Limited (SnS). SnS have a strong base of 9 restaurants in Denmark, and are moving steadily into the UK lucrative but highly competitive restaurant market.

FOSFA Dispute

James Cradick acted on behalf of a leading German manufacturer and processor of sunflower seed oil in a dispute with one of the worlds largest commodity traders. The client’s were purchasers.

Restrictive covenants

Applications under s. 84(1) of the Law of Property Act 1925 to vary restrictive covenants. Alexander Devine Children’s Cancer Trust case where a developer went ahead regardless and was taken to task by the Supreme Court.

Thomson Snell & Passmore advises Landmark Underwriting on two acquisitions and successful debt raise

Speciality Managing General Agent (MGA) Landmark Underwriting, a leading provider of innovative insurance solutions, has completed two acquisitions.

A guide to overage agreements, what they are and key considerations when entering into one

Sarah Easton recently wrote an article for Propertywire highlighting everything developers need to consider when it comes to overage.

What do developers need to consider about the Electronic Communications Code?

Telecoms operators have enhanced rights to install, operate and maintain equipment on both public and private land as a result of changes introduced in 2017 under the Electronic Communications Code (‘the New Code’).

Protection of Land from Town and Village Green Applications

Town and village greens are areas of open space that have been used by the inhabitants of towns or villages for the purpose of lawful sports and pastimes.

Diverting Public Rights of way

Landowners affected by a public right of way crossing their land can apply to the local highway authority seeking an order for its diversion. Applications are made under section 119 of the Highways Act 1980. 

What does the Commercial Rent (Coronavirus) Act 2022 mean for landlords and tenants?

Who has liability for unpaid or underpaid water bills?

Who will be able to use red diesel after 1 April 2022 and what are the alternatives?

Rights of way and development

The effect of a development on a right of way is a material planning consideration.  Developers can inadvertently affect a right of way through the course of construction either by crossing a right of way or by needing to use land immediately abutting a right of way which is adjacent to a development site.

How are technological advances driving change in the commercial property market?

Escheat (‘esh-ee-t’) – what is it and how can it affect land and property owners?

What do developers need to know about discharging surface water into a non tidal watercourse?

Lift and shift provisions – gas, electricity – look out for next week’s lift and shift for rights of way

One important element when considering whether a site is suitable for development is services. Firstly whether there are the necessary rights for services and secondly whether there are any existing services on the site which might hinder development.  This week we are looking at how services can be moved if they would interfere with a proposed development.

What impact will the Economic Crime (Transparency and Enforcement) Bill have on real estate transactions in the UK?

Ongoing events in Ukraine have prompted governments worldwide to impose wide ranging economic sanctions on Russia and those closely connected to the Russian regime. 

What are the main issues to consider when it comes to connections to sewers and water mains in private roads?

When purchasing a property, your solicitor will obtain searches to identify which utilities serve the property.

The role of prescriptive rights in property law and why they are important when it comes to property development

As with any property purchase, developer purchasers will want to know that the land they are buying has all the necessary rights for development and for the enjoyment of the ultimate homeowners once the project is built.

National Homes Quality Code

From 1 January 2022 housing developers are encouraged to register with the New Homes Quality Board and to adopt the New Homes Quality Code (the “Code”).

Developers and investors beware, changes to SDLT are afoot

The Government is consulting on possible changes to two areas of the Stamp Duty Land Tax (SDLT) regime, Sarah Easton explores what they are and what they will mean for developers. The consultation is due to close on 22 February 2022, have you responded to it yet?

How does contracting out as part of the Landlord and Tenant Act work and why is it problematic in some instances?

The recent case of TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (the Mansfield Case) offers some much needed clarity around contracting out. Here, Caroline Cohen explores what this means for commercial landlords and tenants.

Looking ahead to 2022 for commercial property

As 2022 fast approaches, we explore the key points to consider for the year ahead, when it comes to commercial property.

Turnover rents in the retail and hospitality sector: are they here to stay?

Alisa Sweeney from our Commercial Property team recently wrote a piece for Property Investor Portal looking at the increasing popularity of turnover rents

The Environment Act 2021 – 10 key elements

The Environment Act 2021 received Royal Assent on 9 November 2021 and is now in force. Below are 10 key elements of the Act which are set to take the enforcement of environmental protection in England to a whole new level.

Thomson Snell & Passmore advises on sale of premium dessert supplier, Rhokett Limited, to Spanish Private Equity backed food group, Palacios

We have advised long-term client Rhokett on its sale to PE backed Palacios. A great joint effort, led by Head of Corporate Joanne Gallagher and supported by our commercial property, banking and finance, employment, tax, pensions and commercial teams.

Developing historic burial sites

With a growing demand for residential housing but a scarcity of land, especially in central locations of towns and villages, developers are increasingly looking to re-develop land previously used for other purposes; abandoned cinemas, schools even asylums have all been redeveloped for housing.

Autumn Budget 2021 – Property

Rishi Sunak today addressed the Commons with his Autumn Budget plans, setting out numerous changes with only a small handful affecting the property industry/market and our cliental across the sectors.

Net Zero, what does it mean for the commercial property sector?

In June 2019, the UK government became the first major economy to legislate for net zero greenhouse gas emissions. The legislation requires the UK to bring all greenhouse gas emissions to net zero by 2050. In addition, the UK has interim Carbon Budgets, which require a 57% reduction in emissions from across the UK economy by 2032, as well as ambitions to reduce business energy use by 20% by 2030 under our Clean Growth Strategy.

What does the British Property Federation (BPF) data regarding the payment of rent during the moratorium show?

With the end to the moratorium on commercial evictions looming, British Property Federation (BPF) has published data regarding the payment of rent during the moratorium. Alison Sparks looks at what this means for the industry.

Why listed building consents can complicate a sale or purchase

Listed Building Consent is a consent issued under the Planning (Listed Buildings and Conservation Areas) Act 1990 for any works carried out to a Grade I or Grade II listed building which affect its character as a building of special architectural or historic interest.

Farming for future generations: can changes to agricultural tenancies help new entrants?

Increasingly, the younger generation is finding it hard to find their place in the agricultural world. In this article, Sue Lister looks at how changes for farming tenancies may help new entrants to the industry.

Thomson Snell & Passmore appointed to Shawbrook’s legal panel for Development Finance

Leading South East law firm Thomson Snell & Passmore has been appointed to specialist bank Shawbrook’s legal panel. The firm’s commercial property department will advise the bank on a wide range of development finance matters going forward.

I’m in a wide open space

For planners, the next big piece of legislation to impact on the development of land in the countryside and wide open spaces is the Environment Bill, currently at the Reporting stage in the House of Commons – running slightly later than anticipated.

Smoothing the Process – Reliance Letters

As we know, the devil is in the detail, and ensuring that the sale of a site with the benefit of planning permission is not delayed by matters ancillary to the main transaction is just as important as progressing the main transaction itself.

How secure is your land

The latest 2021 lockdown has highlighted the desire of people to move away from urban areas, stay in the UK for their holidays and generally be able to use open spaces in a different way.

‘Shining a light on dark kitchens’

There has been a huge increase in so called ‘dark kitchens’ in recent months. Alisa Sweeney from our commercial property team looks at the impact this is having on the industry and what to consider when setting up a dark kitchen.

Important Information – Temporary Reduced SDLT Rates 31 March 2021 deadline

We have seen a large increase in interest in property transactions which, coupled with COVID-19 restrictions and lockdowns it is greatly impacting on the amount of time it is taking for us to receive mortgage offers, surveys/valuations, responses to enquiries and search results. We are seeing transactions take anywhere between 3-5 months (although each transaction will vary).

Thomson Snell & Passmore announces 11 promotions including three new Partners

Leading South East law firm Thomson Snell & Passmore announces 11 promotions from across its core practice areas.

Rural land and property - what to consider

More people are looking to buy property and land in the rural areas of Britain. There are a number of issues to consider, in addition to the normal conveyancing checks, when buying any type of rural property. These are just a few.

“Look kids, Stonehenge”

The Secretary of State has today granted a Development Consent Order (DCO) for works to the A303 in Wiltshire which include the “Stonehenge Tunnel”, satisfying himself that there is a clear need for the development.

Overview of the current state of the commercial property market

Businesses being forced to “shut up shop” for a period of time, and/or the restrictions imposed on businesses during and after lockdown, has affected their ability to trade and generate an income.

Further extension to the business tenants eviction moratorium

Treasury Secretary Stephen Barclay announced to the house of commons today that the moratorium on commercial property evictions based on rent arrears in England is to be extended from 30 June 2021 to 25 March 2022.

The role of agents in new market places

We look at best practice when it comes to working with agents, especially in light of the booming new market for personal protection equipment.

Lease Extensions: the pros and cons

The Association of Leasehold Enfranchisement Practitioners (ALEP) has reported a rise in homeowners reviewing their leasehold extension opportunities and rights.

Reactivation of possession claims – Practice Direction 55C

Grace Mercer offers advice for landlords on reactivating possession claims.

Thomson Snell & Passmore advises North Kent College on its acquisition of Hadlow College

Leading South East Law firm, Thomson Snell & Passmore, has advised North Kent College (NKC) on its acquisition of the education related assets of Hadlow College. In a complex education administration transaction involving a number of different parties, Hadlow College, including Princess Christian Farm and the equestrian centre in Greenwich, and the Tonbridge campus of West Kent and Ashford College (WKAC) have been transferred to NKC, including all students and the education-related facilities of the two colleges.

Thomson Snell & Passmore responds to the Chancellor’s Summer Statement

Key considerations for the food and drink industry ahead as lockdown is lifted

Planning for a long hot summer

Getting back to business safely: what retailers need to consider

Recovery in Sight?

Further to my article last month on the impact of the lockdown on planning applications, as promised, I now provide a brief update taking into account figures released for May this year.

Commentary on the extension of the current ban on evictions for commercial and residential tenants

Thomson Snell & Passmore appoints two new Equity Partners and adds to management board

Leading South East law firm Thomson Snell & Passmore is pleased to announce the appointment of Partners Joanne Wright and Douglas Skilton to Equity Partner.

Update on local council and planning authorities for construction sites \

Non payment of rent due to COVID-19: what are the options for commercial landlords and tenants?

Here for you – during COVID-19

Commercial property update

With the current situation and the COVID-19 lockdown, now more than ever there are additional things which need to be taken into account in relation to commercial property transactions. This is a helpful bullet point summary of things to consider.

Residential Property Development Update – 3 April 2020

Government advice on buying and selling houses

Watch your deadlines

Calling all residential landlords - E- Day for MEES

COVID-19 and your contractual relationships

Government to relax planning laws to help the food & beverage sector

COVID-19: UPDATED: Key considerations for commercial landlords and tenants

As the situation surrounding COVID-19 continues to develop at speed, nearly every area of business is facing disruption of some kind. This is especially true for commercial landlords and tenants, especially those in the leisure and hospitality industries. 

Is the green belt’s visual quality the same as its openness?

The concept of Green Belts is a national planning policy aimed at maintaining a protective buffer of countryside (for agriculture, outdoor leisure etc) around certain urban areas. 

The importance of duty to cooperate in Local Plans

Joint consultation to be launched into proposed changes to RPI: what does this mean for commercial landlords?

What next for the high street?

Against a backdrop of ongoing retailer insolvencies, with Karen Millen, Jack Wills and Clintons the latest victims, the future of the high street as we know it looks increasingly uncertain.

Repurposing Large Retail Space

With the well publicised issues on the high street and closure of a number of large department stores comes the decision on what to do with these in order to ensure that they do not remain vacant for long.

Estate rentcharges - A cause of concern for buyers and lenders

An estate rentcharge is a historic mechanism of the late 19th century employed by estate owners to make it financially possible to meet the increasing housing need and collect rents for the upkeep of their land. 

Court of Appeal gives clear direction to local authorities in a landmark decision for s73 cases

In November last year, the High Court examined in Finney v Welsh Ministers & Ors the test for how far a condition on a planning permission could be varied.

Overage - Top tips

It has become mainstream for sellers to use overage, a mechanism whereby a future event undertaken (in respect of the land sold) by a buyer triggers an additional payment to a seller, as this helps to ensure best value on a sale of their property. With the use of overage becoming common place over the last few decades, it is no longer unusual to encounter land which is subject to existing overage provisions. These are our top tips when dealing with land subject to existing overage provisions.

Watch this space

One essential element of the due diligence undertaken on the acquisition of a development site is whether or not the land immediately abuts a roadway adopted as public highway.

Thinking of Diversifying into Viticulture?

Production of English sparkling wine is predicted to more than double in the next ten years.

Minimum Energy Efficiency Standards – Raising the Bar

With the current spotlight on climate change and the Government’s commitment in its 2017 Clean Growth Strategy to help businesses reduce energy use by at least 20% by 2030, it is hardly surprising that attention is once again focusing on the energy efficiency of buildings.

The Debenhams CVA

Among pages of stories about the death of the high street, it’s the company voluntary arrangements (CVAs) entered into by the big retailers that have drawn the most attention. One of the biggest of these, the Debenhams CVA, has just come before the High Court, with landlords challenging the CVA on five grounds:

Structured for security

In a recent article for RICS’ Property Journal, Matthew Grogan explores the key points parties entering into a joint venture need to consider when it comes to securing finance. 

Fly-tipping

The problem of fly-tipping has been around for centuries.  With the progression of an industrial and consumer-led society, we have found that our need for waste disposal services has increased exponentially to a point which is becoming more and more difficult to satisfy.

A New Deal for Renting – The End of Section 21?

In April this year, the Government announced its intention to end no fault evictions. With the consultation now published, the details of those proposals are now beginning to take shape.

Thomson Snell & Passmore advise Motorline on Audi double deal

Leading South East law firm, Thomson Snell & Passmore, has assisted the Motorline Group with a double acquisition as it increases its Audi portfolio with the purchase of the Maidstone and Tunbridge Wells Audi businesses from Inchcape.

Thomson Snell & Passmore acts on ingredients firm deal

South East law firm Thomson Snell & Passmore has advised on the sale of Henley Bridge Ingredients (HBI).

Reduced rents and imposed agreements – Landowners concerned about new cases under the Electronic Communications Code

It has been almost 18 months since the new Electronic Communications Code (Code) came into effect. In the past, the siting of telecoms equipment on land and rooftops provided a useful additional income stream for many landowners, with minimal interruption and disturbance.

Tackling unfair practices in the leasehold market – the proposed legislation

In December 2017 the Government announced it would turn its attention to tackling what it described as ‘unfair practices’ in the leasehold market. A range of  measures were announced to make the leasehold market a more transparent system for homeowners, aimed at eradicating ‘onerous’ ground rents, eliminating disproportionate costs to extend leases and, with certain unspecified exceptions, the abolition of new residential long leaseholds for almost all new build houses. 

Avoiding a refinancing pitfall

The impact of the decision in Tiuta International v De Villiers Surveyors [2017] UKSC 77 is still being considered across the lending industry.  

To register or not to register

It has for some time been compulsory to register your property following a sale or mortgage, but if you have owned a property for many years it may remain unregistered.   

A brief guide to HMO licensing

Where any residential property in England or Wales is occupied by more than one household you need to consider whether it is a house in multiple occupation (HMO) that needs to be licensed under the Housing Act 2004. This Act seeks to improve the safety and management of residential buildings let by private landlords through its licensing scheme.

Case Analysis – Persimmon Homes Ltd v Hillier (Court of Appeal Decision)

Court of Appeal upholds High Court decision to rectify sale documents governing a sale of development land and order property developers to pay damages to major housebuilding company.

A right to use a golf course, swimming pool and leisure facilities is capable of being an easement

In the last year, the Supreme Court has confirmed the existence of a new type of easement: an easement to use leisure facilities on adjoining land, forever, and at no charge. It is not often that new law is made but the case of Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd [2018] UKSC 57 is one of those rare examples.

Disability access and what the Equality Act 2010 (Amendment) (Disability Access) Bill means for me

The aim of the Bill is to amend the Equality Act 2010 (the Act) in order to improve access to public buildings. It intends to achieve this by stipulating that the duty to take "reasonable steps" to adjust buildings will require building owners to introduce a ramp in substitution for single step access. The Bill proposes that this obligation would initially apply to steps of less than six-inches in height with provision made for the obligation to extend to steps up to 12-inches in height at a later date.  This would enable 800,000 wheelchair users to have step-free access to 70,000 shops and public buildings to which they are currently denied access at the moment.

Do I stay or do I go?

If your commercial lease is coming to an end then the first decision you have to make is whether or not to renew it. This article considers some of the options available to a tenant and the pitfalls that need to be avoided.

Thomson Snell & Passmore has advised ballroom dance partnership

Chrisanne Clover has joined forces with Karen Hardy Dance Studios – headed by its former Strictly Come Dancing Star namesake.  

MIPIM 2019

We will be at MIPIM 2019, the world's largest property expo between 12-15 March with representatives from all of our property teams.

Drones - The higher you fly... The thinner the air... The thicker the rules

The news that drones have been sighted over Gatwick runways and caused severe disruption to the airport and passengers, is the latest in a series of incidents of irresponsible handling and use of drones. 

Taking on a commercial lease for your business?

Entering into a business premises lease can be daunting. It is important for tenants to consider at the outset what provisions the lease will cover and what they will be agreeing to.   

How to sell a business, part 6 of 10: Managing Property Issues

If you are selling a business that uses commercial premises then the property aspects of the sale will be very important to a prospective buyer.

Stamp Duty Land Tax (SDLT) Update - are you ready for 1 March 2019?

Read more for an update on Stamp Duty Land Tax (SDLT) in relation to the changes that will come into effect next spring.

Injunctions issued by Local Authorities – how to respond

One of the most common reasons that a local authority serves an injunction on what appears to be vacant land, is in order to prevent the unauthorised development of the land that it believes may occur, particularly on land in a sensitive location or which has a special designation

Negotiating commercial property terms

You have found the perfect premises for your business - be it office space, an industrial unit or a shop.  Whilst some businesses will purchase their premises, the next step for you like the majority of other businesses, will be to take a lease and a number of aspects must be considered when negotiating the terms.

Are you an aspiring property developer or buy-to-let landlord?

This article sets out 20 pieces of information for future property developers and buy-to-let landlords in their 20s thinking of starting out a career in property management and/or development from both a legal and practical perspective. 

For your business - October 2018

As a firm, we take pride in being a constant in a changing world. We hope this collection of articles will be helpful and provide food for thought on a number of topics. 

A ‘once and for all’ breach when an AST landlord fails to provide a Gas Safety Certificate?

An Assured Shorthold Tenancy (AST) is the standard form of tenancy where a residential property is rented as a separate dwelling and the tenant, or at least one joint tenant, is to use it as their principal home. 

Agricultural Permitted Development Rights

Agricultural Relief

Asbestos Regulations 2012

Assets of community value

Break clause in leases - exercising a break option

Business Relief

Business rates reliefs

Buying at auction

Capital allowances

Chancel repair liability

Chattels and fixtures

Commercial Leases - A Landlord's Guide

Commercial leases - a Tenant's Guide

Electronic signatures

Energy Performance Certificates for Commercial Property (EPC)

Energy Performance Certificates for Residential (EPC)

Fire safety – Commercial buildings

Forming a new company limited by guarantee

Forming a new company limited by shares

International Property Measurement Standards

Japanese Knotweed

Landlord & Tenant Act 1954

Landlord's release from lease obligations

MEES – Overview of issues for commercial leases

Manorial rights - mines and minerals

Mixed Use Investments – Traps for the unwary

Photovoltaic Solar Panel Systems on Buildings - an Overview

Rent review – expert or arbitrator?

Septic tanks and small sewages discharges

The Regulatory Reform (Fire Safety) Order 2005

The future of flood insurance

Town and village greens

Transfer of private sewers to water and sewerage companies

Utility companies and rights over third party land

What is TUPE and how will it apply to a property transaction?

What is an improvement?