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Developments in limbo - nitrates in the Solent halts planning process

Jenny Colvin
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Many developments across the Solent region are currently in limbo following the decision of several local authorities to halt the grant of planning permissions for new houses and tourism related projects. This follows advice from Natural England after record levels of nitrates were found in the Solent. Jenny Colvin, Partner in our Commercial Property team, here explains why nitrates are impacting planning permission, which local authorities are affected and when you may be able to apply for planning permission.

Will Brexit frustrate a commercial property lease?

Molly Siggs
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The High Court has recently announced their decision in a pinnacle case regarding whether Brexit could frustrate a commercial property lease.  Molly Siggs, Commercial Property Solicitor in our Portsmouth office, reviews the outcome of the case. ...

Stamp Duty Land Tax on derelict residential properties

Joe Taylor
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A recent Tribunal decision has considered whether derelict residential properties are liable to the 3% surcharged rates for Stamp Duty Land Tax (SDLT). Joe Taylor, Commercial Property Solicitor in our Portsmouth team, considers the outcome of the case and...

Congratulations are in order for qualifying Solicitor

Joe Taylor
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For one Trainee Solicitor, 1 st March will forever be remembered as an important milestone in their career, as Joe Taylor takes the next step and qualifies as a Solicitor. Joe joined the Warner Goodman Commercial Property team based in Portsmouth in 2015...

Changes to Stamp Duty Land Tax; will you be affected?

Jenny Colvin
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The landscape of Stamp Duty Land Tax (SDLT) has changed significantly over recent years, mainly for first time buyers.  That landscape is set to change once more on 1 st March as the deadline for submitting SDLT returns will reduce.  Jenny Colvin,...

Commercial property leases and the unknown impact of Brexit

Molly Siggs
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An interesting and pinnacle case is about to go to court as to whether Brexit can frustrate a lease – bringing it to an end and releasing the parties from their obligations. Molly Siggs, Commercial Property Solicitor, explains the facts of the case,...

New Solicitors extend commercial offering at Warner Goodman

Claire Battye
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Our Commercial division have expanded their expertise in their support for businesses with the introduction of two new Solicitors; Molly Siggs and Naushad Rahman. 

Commercial Property Standard Enquiries - the truth, the whole truth and nothing but the truth

Jenny Colvin
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If you have bought, sold or rented commercial property, then you may have heard your legal adviser refer to Commercial Property Standard Enquiries, or more commonly known CPSE.   While the name may refer to them as ‘standard’, if you...

Company Voluntary Agreements in commercial property

Helen Porter
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In recent months, there has been a growing trend in the way commercial tenants are using a particular type of insolvency prevention procedure, known as a Company Voluntary Agreement, to reduce the amount they are paying to their landlords. Here Helen Porter,...

Commercial Property team expands in Portsmouth

Molly Siggs
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Our Commercial Property team has an enviable reputation in Portsmouth, and has recently welcomed a new member of the team to support local property owners and developers with their portfolios. Molly Siggs qualified as a Solicitor in April 2013, spending her...

Advice for landlords regarding Gas Safety Certificates and "no fault" procedure

Helen Porter
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When granting an assured shorthold tenancy of residential accommodation, you should ensure you are aware of the obligations you are required to satisfy both at the beginning of, and throughout the duration of the tenancy, otherwise you could face serious difficulty when trying to regain possession of your property. Helen Porter, Partner in our Litigation and Dispute Resolution team, explains these responsibilities here, and reviews a recent case highlighting the impact the failure to deliver a Gas Safety Certificate to a tenant can have on the validity of notice given under section 21 of the Housing Act 1988.

Implied terms in commercial property leases

Justin Sturdy
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Landlords and tenants alike are being warned of the importance of clear drafting in relation to their commercial property leases following the recent ruling in Hipwell v Szurek .  In this case, Ms Szurek rented premises from Mr Hipwell to be a...

Dilapidations - the hidden costs of renting a commercial property

Jenny Colvin
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The term ‘dilapidations’ refers to the wants of repair in a leasehold property for which the tenant is responsible.  At the end of the term of the lease, the landlord will serve a terminal schedule of dilapidations on the tenant.  

The Tenants Fee Bill: Government action ending Letting Agent fees

Helen Porter
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The private rented sector is made up of 4.5 million households in England.  Both landlords and tenants frequently pay Letting Agents to provide a valuable service in ensuring properties are managed; assisting landlords in complying with their legal responsibilities and helping tenants secure a home, being their first port of call for any maintenance and repair issues. 

What are the new regulations on Commercial Property Energy Performance Certificates?

Jenny Colvin
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If you are a commercial property investor or a business tenant, you will inevitably have come across an Energy Performance Certificate (EPC) over the last few years. They are required to be provided by a landlord upon the new letting of any commercial property on the open market and are the scale upon which the energy efficiency of a property is assessed.

The Implications of a Landlord's Right to Carry Out Works

Justin Sturdy
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A recent case provides helpful guidance for both landlords and tenants of mixed use and other commercial buildings in relation to the relationship between a standard landlord’s right to enter the property for particular purposes during a lease (e.g. to develop other parts of it) and its obligation to allow the tenant quiet enjoyment of the premises.

How do virtual reality games impact your commercial property?

Helen Porter
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Experts across the world are focusing on property laws and how they will stand up to the growing popularity of reality gaming, following on from the global success of Pokémon Go.  Helen Porter, Commercial Lawyer, advises business and property owners of their rights when trespassing is becoming an increasing concern.

Freehold management - the strategies

Jenny Colvin
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With the influx of new Landlords prior to the Stamp Duty Land Tax (“SDLT”) rate increase on 1st April 2016, these Landlords will now need to consider the strategies of managing their properties and establish which method suits them best.

Consumer Regulations in relation to Building Contracts

Torion Bowles
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The Consumer Rights Act 2015 made significant changes to the rights and obligations of parties in business to consumer contracts.

Disputes arising out of Building Contracts

Torion Bowles
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Disputes commonly arise out of building contracts. These could include arguments as to quality or price, being kicked off site or being asked to do more than what was initially agreed.

Energy Efficient, Environmentally Friendly but also an unwelcomed Expense?

Colin Winyard
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New Energy Efficiency Regulations have been passed this year in an attempt to meet parliamentary targets to reduce greenhouse gas emissions, and here Colin Winyard, Commercial Property Solicitor, advises landlords of privately rented commercial properties to familiarise themselves with these rules as they are likely to have a significant impact on their properties as well as the tenants who occupy them.

Landlords Business Rates Liability following Disclaimer of Lease

Colin Winyard
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The recent case of Schroder Exempt Property Unit Trust and another v Birmingham City Council provides a significant clarification of the law on liability for business rates on empty commercial property when a lease has been disclaimed. Colin Winyard, Commercial Property Solicitor, reviews the case and what this means for commercial property owners.

Commercial Property Team reaches the finals of LawNet awards

Claire Battye
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The team, which predominantly works with high net worth investors, entrepreneurs, clients acquiring premises for their business, and land security work for institutional and private lenders, was once run by just one partner and two support staff.  As a consequence of an overwhelming increase in demand during the last 12 months, the team has more than doubled and now comprises of Claire Battye, Jane Futrille, Alexandra Savage, Carolyn Connelly, Emma Lee, Joanna Thompson and Georgina Savage.

Commercial property developers start to see impact of The Community Infrastructure Levy Regulations 2010

Alexandra Savage
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In April 2010 The Community Infrastructure Levy Regulations 2010 came into force under the Planning Act 2008. They are hoped to revitalise the planning process and regenerate communities – partly by using monies to be obtained from property developers.   Alexandra Savage here reviews the regulations and what this means for commercial property developers now that more Authorities are beginning to implement the levy.

Landlords Secure Legal Victory over Games Station Ltd's Administrator

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Commercial landlords will have been following the case of Games Station Ltd, which reached the Court of Appeal recently (February 2014), but it is of interest to all who supply goods and/or services to companies that then go into administration.

Fighting the Flood!

Paul Winslade
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Flood warnings have been prevalent in the news recently and it looks as if the rest of 2014 will be no different as forecasters warn that climate change will bring more unpredictable and turbulent weather.  Paul Winslade, Commercial Property Lawyer discusses why property owners should be prepared, and also what issues developers could face in the future.

Distress or Relief

Helen Porter
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Commercial tenants have never been in favour of their landlord, or more usually a bailiff, turning up unannounced and seizing their goods in order to recover arrears of rent.  However, they will soon be able to breathe a sigh of relief as the common law remedy of distress is being abolished and replaced by Commercial Rent Arrears Recovery (“CRAR”) from 6 April 2014.

How secure is your business tenancy?

Alexandra Savage
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Following the recent case of Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] Alexandra Savage, Trainee Solicitor at Warner Goodman LLP, discusses an unusual argument used in an unsuccessful attempt to prevent the landlord taking possession.

Triumphant Tenants

Alexandra Savage
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Here we review a recent successful case where a tenant obtained reimbursement of advance paid rent relating to the period after a break date, and advises best practice for incorporating break clauses within commercial leases.

Stamp Duty Land Tax - Many Unhappy Returns

Claire Battye
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Here we highlight the pitfalls that can occur regarding Stamp Duty Land Tax on an apparently straightforward transaction involving several leasehold warehouse properties.  A recent deal is used as an example, with names changed for confidentiality.

Commercial to Residential Conversion Considerations Explained

Claire Battye
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With new permitted development rights recently being announced regarding converting commercial property into residential housing our Commercial Property Team look here at the reasons behind the changes, the positive effect this could have on the Hampshire housing market, and what to look out for if you, or your clients wish to buy office space to convert into residential housing.

Mansion Tax Mayhem!

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Hampshire residents can breathe a sigh of relief as proposed Mansion Tax plans have been squashed.  Last month saw the Liberal Democrats and Conservatives vote against the initiative…but how long until the issue is raised yet again?  Here the Commercial Property Team look at the motives behind Mansion Tax, the impact this could have on the Hampshire community in the future, and when the issue could rear its head again.

You're going to have to fight for your right to light

Helen Porter
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New plans designed to encourage large building projects and increase the amount of homes available on the market could leave Hampshire residents in the dark as the Government plans changes to rights to light, warns the Commercial Property Team from Hampshire based law firm Warner Goodman LLP.

Air con meltdown or storm in a teacup?

Claire Battye
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Property owners may have less reason to be alarmed over changes in air-con regulation than might be suggested by recent press coverage of R22 fluid claims Claire Battye, Commercial Property Partner.