Delays in the planning process are often cited as a hindrance to development. However, people tend to be less aware of the problems, cost and delays that can be caused by often outdated historic restrictive covenants affecting land. The government desires increased housebuilding on brownfield sites, and Sadiq Khan recently announced that thousands of homes will be built on small sites across London, including gardens and end-of-terrace plots.
Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.
Alisa Sweeney from the Commercial Property Team have been delighted to work with restaurant operator, Sticks ‘n’ Sushi, to secure a new site at London’s prestigious Nova Victoria.
In any construction project, payment will be one of the most important aspects (for some the most important) whether you are the one paying or being paid. The consequences getting the amount or the timing wrong, or not providing for delays to completion of the project in terms of agreed payment schedules, can have a very serious and expensive effect
The question that is increasingly being asked in a digital age where documents are emailed between parties is whether electronic signatures can be used or do we still need that pen to provide a “wet ink” signature on a paper copy of the document?
Leading South East law firm, Thomson Snell & Passmore, is pleased to announce that their Commercial Property team has been appointed to three significant panels, Commercial Acceptances Limited – part of the Close Brothers Group; Charity Bank – the ethical bank that lends to charities and social enterprises and Paratus AMC Ltd a specialist lender in the buy to let market.
The Electronic Communications Code regulates the relationship between landowners and network operators in relation to the installation and maintenance of telecoms infrastructure.
The Code came into force in 1984 and over the years it has slowly evolved, but it has not kept pace with developments in technology. It has been decided that the Code needs an overhaul and the Digital Economy Act 2017 contains a new version of the Code, which should be brought into force by statutory instrument later this year.
The new Code is not retrospective and will only govern new telecommunication equipment agreements entered into after it comes into force.
Thomsons Snell & Passmore are proud to announce that we have been awarded Commercial Property Team of the Year for 2017.
The recent High Court case of Vivienne Westwood Limited v Conduit Street Developments Limited has highlighted care should be taken when entering into rent concession side letters.
The fourth edition of the Consumer Code for Home Builders (the Code) came into effect for reservations signed on or after 1 April 2017.
The Greater London Authority and some London boroughs are considering implementing an “Affordable Workspace” policy. This is similar to affordable housing policies, where developments will need to provide a certain amount of workspace for small businesses, particularly focussed on creative industries and start-ups. The aim is to increase economic diversity and foster innovation.
As the government accelerates planning reforms, solicitors are tailoring their services to accommodate what are often contentious changes.
Selling or letting property – a warning against misrepresentation
Farm inspection visits
Proposals for large scale warehouse developments in the UK continue to attract interest from developers and third party tenant occupiers, with recent commercial property surveyors’ industrial sector reports showing that there is increasing demand for warehousing floor space across the UK.
Revaluation of business rates from 1 April 2017 - its impact on landlords and their liability to pay statutory compensation on termination of a business tenancy
Sarah Easton, Partner from our Commercial Property & Development team speaks to the Financial Times about the recent gas industry victory after the government overturned local council objections to a fracking scheme in Lancashire, which in turn clears the way for the first exploration since an earthquake halted drilling five years ago.
When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.
Local South East business leaders recently debated the critical role transport infrastructure plays in unlocking the potential of Thames Gateway and the wider South East region.
Laura Keatley, senior associate from our commercial property team speaks to Kent Business and comments on whether property is still a great investment as share prices continue to fall as a result of Brexit.
Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.
Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.
We finally know the result of the Brexit referendum but what does that mean for the UK real estate market.
Q. I have a lease of a flat that now has less than 70 years left to run. I have read that I might have trouble selling or getting a mortgage. Can I extend my lease?
The Solicitors Journal reports on Thomson Snell & Passmore's recent significant promotions within the firm.
A right to light can be described as a right to enjoy the natural light that passes over someone else’s land, and into a building through openings such as windows, skylights or glass roofs. If you are reading this inside with the benefit of natural light, your building may benefit from a right to light. Consider whether you would have the same light if your neighbour built an extension, redeveloped their land into a housing estate or if a skyscraper was built down the road?
Warnings have been issued for Monday as February provides us with an extra day this leap year. Signing contracts or completing property transactions which refer to anniversaries of the date of agreement, could leave you waiting for a very long time.
Commercial Property Team advised independent mortgage broker, Mortgages for Business, in connection with its move to Kings Hill at West Malling.
Fracking is much talked about but is it the answer to the future for energy production?
Fracking is much talked about but is it the answer to the future for energy production?
The food and beverage sector has often been viewed as the darling of the retail property world but now the director of the Local Data Company, Matthew Hopkinson, has voiced concerns that the growth in this sector in the UK is unsustainable and huge closures are to be expected in the restaurant field in the next 15 months.
Thomson Snell & Passmore’s corporate team has advised new clients in connection with the sale of their family business for an undisclosed sum to a US buyer.
Richard Ellard from our Comercial Property team speaks to Times of Tunbridge Wells about the changes to rules relating to permitted development rights and how they have had significant impact on towns across the southeast.
If you are a building owner or landlord of a commercial or residential multi let building you may be affected by the Heat Network (Metering and Billing) Regulations 2014.
Contractual disputes often involve a disagreement about what the parties intended to say and whether the contract reflects that intention. The Supreme Court decision in Arnold v Britton provides a reminder that the courts will not necessarily step in and allow commercial common sense to prevail over the language in the contract.
The Government has been concerned with the harm caused to the green belt by unauthorised development; apart from the damage caused, it can result in time consuming and expensive enforcement action.
For over sixty years the Landlord and Tenant Act 1954 has provided certain business tenants with security by giving them the right to a new lease once the original lease comes to an end.
Landlords renting out residential properties are facing challenges as a result of new legislation being introduced on a number of fronts. Here are a few of the changes coming your way.
This time last year we reported on the impact of the forthcoming General Election on fracking (hydraulic extaction of shale oil and gas), and the impact on landowners’ rights. One year on, the government’s commitment to the fracking industry is clear.
A decision of the Supreme Court at the end of July, Woolway (Valuation Officer) v Mazars LLP  UKSC 53 has potentially altered the way that business rates will be applied to the occupation of multiple floors in a building.
Following a High Court ruling on 31 July 2015, the planning policy guidance exempting small developments from affordable housing contributions and introducing a vacant building credit has been immediately removed.
Local newspaper, Kentish Gazette (Canterbury) shares and insight into our organic growth. First published July 2015.
Each month solicitors Thomson Snell & Passmore will be answering frequently asked questions from across the practice. This month, it is Helen Stewart, Partner and Head of Probate, has answered two common issues surrounding agricultural property relief (APR).
Companies without strict freehold or lease agreements on land earmarked for the Paramount resort face being booted off their premises without compensation.
We are delighted that Partners Simon Brown and Gilbert Green have been selected by their peers for inclusion in the forth edition of Best Lawyers in the United Kingdom ®.
The Government has recently published its long awaited guidance (“the Guidance”) on how the Minimum Energy Efficiency Standards Regulations (“the Regulations”) are expected to operate for non-domestic private rental properties when they come into force in 2018.
The Green Belt is an emotive issue. Its proponents and opponents hold deeply entrenched views as to its purpose and future.
These case studies were serialised in the Kent and Sussex Courier, but are collated together in this case to show all of the different stages a company can go through and how we can assist. MexxaMixx is a ficticious Kent-based business which manufactures and sells a range of Mexican style cooking sauces.
Demand for unusual homes with extraordinary or original features for location filming is increasing. Could your Kent house be a film star?
There’s a small strip of land on our road that doesn’t appear to belong to anyone. The Land Registry said it wasn’t registered to any property and the council doesn’t know who owns it. I’ve been tending the area so it looks nice and now I’d like to buy it. How can I find out if there is an owner? And if I can’t buy it, could I claim it?
Leading South East law firm Thomson Snell & Passmore welcomes three new lawyers to their Commercial Group, including a noteworthy partner lateral hire, Alisa Sweeney who joins from Cripps LLP in the Commercial Property team.
Leading South East law firm Thomson Snell & Passmore has advised Fairhurst Ward Abbotts Limited on its freehold acquisition of a new headquarters located within the Thames Gateway.
Leading South East law firm Thomson Snell & Passmore has advised rapidly expanding broadband, mobile and telecom services company True Telecom Limited on its acquisition of a new headquarters on Crossways Business Park, Dartford.
Earlier this year the Government announced a period of consultation concerning Ebbsfleet Garden City. The proposals include the creation of a statutory body – the Ebbsfleet Development Corporation (“EDC”) which it is hoped will coordinate investment and development in the area.
In order to protect the UK’s energy resources , coal, gas and oil (which include shale gas) belong to the Crown and may only be extracted under licence from the Government.
26 September 2014 was the closing date for consultation on proposals further to deregulate our planning system.
We can all be forgiven for thinking that Town or Village Greens should be just that – green. That is not always the case as recent decisions show.
A forfeiture clause allows a landlord to take back a property from its tenant if the tenant has failed to comply with the lease terms, or experiences financial difficulty (for example insolvency or bankruptcy).
When a lease ends, whether by expiry or because of forfeiture or insolvency, the tenant should remove all it’s belongings but often this does not happen.
Developers face many challenges when hoping to develop previously unbuilt upon land. The views of the local community, the protection of wildlife and the impact on existing infrastructure amongst many others have to be considered.
Property owners may be missing out on valuable tax reliefs available through capital allowances and could make substantial tax savings by reviewing their options.
In July 2013 the City of London planning authority resolved to approve Henderson Global’s application for redevelopment of Smithfield Market. The scheme, designed by award winning architect John McAslan, proposed retention of the brisk and stone perimeter buildings, demolition of the central core and the construction of 3 new blocks of offices and shops.
The Department for Communities and Local Government (DCLG) is consulting on plans to allow retailers to alter properties to cater for “click and collect” services without the need for new planning consent.
Boris Johnson has entered the fracking debate with a proposal to change the law to give landowners the commercial rights to oil and gas beneath their land.
The Infrastructure Bill contains changes in the law regarding the extraction of shale gas. Sarah Easton and Sue Lister look at the particulars.
Easier fracking plans announced in Queen's speech prompt law firms to prepare for surge in inquiries from landowners.
Article first published in South East Farmer in May 2014.
Leading South East law firm Thomson Snell & Passmore has advised global public relations agency SE10 LLP on its relocation to a new London HQ at Angel Corner House in Islington.
Leading South East law firm Thomson Snell & Passmore has advised insurance group Miles Smith on its relocation to its 12,500 square foot of new offices at 6th Floor, One America Square EC3N.
By Alex Lewsley, Senior Associate. Contact Thomson Snell and Passmore 01892 510000.
By Joanne Wright, Partner. Contact Thomson Snell and Passmore 01892
By Mark Steggles, Senior Associate. Contact Thomson Snell and Passmore 01892 510000.
By Josephine Willoughby, Partner. Contact Thomson Snell and Passmore 01892 510000.
By Matthew Grogan, Associate. Contact Thomson Snell and Passmore 01892 510000.
By Sarah Easton, Senior Associate. Contact Thomson Snell and Passmore 01892 510000.
Leading South East law firm Thomson Snell & Passmore has been appointed to the panel of legal advisors for Close Brothers Property Finance, the property finance arm of merchant banking group, Close Brothers.
Leading South East law firm Thomson Snell & Passmore is delighted to announce its sponsorship of an event with TV presenter and countryman Adam Henson, on Thursday 21st November 2013 at the Kent Showground in Detling, Maidstone.
Leading South East law firm Thomson Snell & Passmore has advised longstanding client Gravesham Borough Council in connection with a project involving the installation of solar panels on Council owned housing.
Approximately 200 council-owned houses across Gravesham Borough have been fitted with solar panels under a new pilot project.
Leading South East law firm Thomson Snell & Passmore has advised Stourbridge College, in connection with its merger with Birmingham Metropolitan College. The merger completed on Friday 31 May forming one of the largest and most significant further education providers in the country.
By Sarah Easton, senior associate in the Commercial Property team. Article first published in a leading daily broadsheet newspaper 11 May 2013.
Leading South East law firm Thomson Snell & Passmore have advised The Edenbridge & Westerham Citizens Advice Bureau (the CAB) on its move to the newly constructed £2.9 million community centre in Edenbridge, named “The Eden Centre”.
Leading South East law firm Thomson Snell & Passmore has advised Footesmusic Limited (Footesmusic), owner of Foote’s, the famous London music shop, on an investment in the business and its move to newly refurbished premises in Bloomsbury.
By Laura Keatley, Solicitor in the Commercial Property & Development team.