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Commercial Property Law
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Commercial Property Law


November 2006 | 224 pages | Learning Matters
This clear and accessible book covers all aspects of commercial leases, from receipt of instructions to termination. Fully up-to-date with all recent cases relating to the lease-licence distinction, Land Registry requirements, the recent changes to the Landlord and Tenant Act 1954 Pt II and the new regulations for the execution of deeds, its detailed explanation of the underlying principles of this complex area of the law - and their practical application - makes it a valuable text for all students taking undergraduate commercial property options, as well as those taking the LPC and the BVC.

 
Preface
 
Table of cases
 
Table of statutes
 
Table of statutory instruments
 
Table of abbreviations
 
INTRODUCTION:
 
Meaning of commercial property
 
Commercial property in context
 
Commercial property in practice
 
Conveyancing
 
DEVELOPMENT AND LEASES:
 
Introduction
 
Development leases
 
Site acquisition
 
Planning
 
Construction
 
Funding and investment
 
Letting
 
LEASES:
 
Introduction
 
Relationship of landlord and tenant
 
Definition
 
Essential elements of a lease
 
Parties to a lease
 
Types of leases
 
Formalities for the creation and assignment of a lease
 
LEASES AND LICENCES:
 
Importance of the distinction
 
Licences
 
Law relevant to the lease-licence distinction
 
Drafting
 
FORM AND CONTENT OF BUSINESS LEASES:
 
Introduction
 
A typical business lease
 
ENFORCEABILITY OF LEASEHOLD COVENANTS:
 
Introduction
 
The old rules
 
The new rules
 
Use of insolvency law to avoid liability
 
RENT AND RENT REVIEW:
 
Rent
 
Rent review
 
USER:
 
Introduction
 
At common law
 
Express covenants
 
Landlord's concerns
 
Tenant's concerns
 
Drafting
 
Factors outside the lease
 
Other clauses in the lease
 
Interpretation of user clauses
 
Ancillary use
 
Keep-open covenants
 
Tenant's tactics
 
ALTERATIONS:
 
Introduction
 
Factors outside the lease affecting alterations
 
Factors in the lease affecting alterations
 
Scope and meaning of alterations: Construction of covenants
 
Landlord's consent
 
Licence for alterations
 
Alterations and improvements: Qualified covenants and s 19(2) of the Landlord and Tenant Act 1927
 
Drafting the covenant
 
Reinstatement
 
Compensation for improvements
 
REPAIRS:
 
Introduction
 
Definition of the premises
 
Before the lease is entered into
 
Meaning of repair
 
Standard of repair
 
Scope of repairing covenant
 
Construction of the repairing covenant
 
Decorating
 
Drafting
 
Enforcement and remedies
 
ALIENATION:
 
Introduction
 
Absolute covenant
 
Qualified covenant
 
Alienation in breach of covenant
 
Assignment
 
Sublettings
 
Construction of alienation clauses
 
Landlord's consent
 
SERVICE CHARGES:
 
Introduction
 
Provision in the lease
 
Apportionment of service charges
 
ENDING A BUSINESS TENANCY:
 
Introduction
 
Effluxion of time
 
Notice to quit
 
Break clauses
 
Surrender
 
Acceptance of repudiatory breach
 
Disclaimer
 
FORFEITURE:
 
Introduction
 
The current law of forfeiture
 
Proposals for reform
 
SECURITY OF TENURE:
 
Introduction
 
Protected tenancies
 
Contracting out
 
Continuation of tenancies
 
Termination of tenancies under the 1954 Act
 
Compensation
 
The new tenancy
 
Glossary of commercial property terms
 
Bibliography
 
Index

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Paperback
ISBN: 9781846410246
$48.00

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