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Heads of Terms Tip
Negotiating a commercial lease can be a complex process. While lawyers working in commercial property are in a unique position to witness a wide range of Heads of Terms, negotiating a lease can be a challenging process that involves navigating common issues that...
EPC and energy efficiency rules for UK commercial property
So what changes are happening? As of right now, we are under a month away from the changes happening to the Minimum Energy Efficiency Standards (MMES). These changes will be applied to commercial leases as they cover all non-domestic private rented properties. This...
Unfair Prejudice: Lessons from Re Greenfrost Ltd; Davies v O’Keeffe
A recent UK High Court case, Re Greenfrost Ltd; Davies v O'Keeffe [2023] EWHC 5 (Ch), provides an excellent example of what not to do when managing a company after the breakdown of a personal relationship. The case highlights the importance of directors' duties,...
Service Charge Disputes: When Landlords and Tenants Just Can’t Agree to Agree
Service charge disputes are common between landlords and tenants, and one of the most contentious aspects of the relationship. In particular, a certificated service charge sum demanded by the landlord is considered "conclusive" under certain leasehold provisions, but...
The Eight Steps of a Commercial Lease
Here are some of the important key steps to be aware of when taking a commercial lease, these points will assist you through your own lease process. Negotiation During this initial negotiation stage, the parties will usually set out to agree on a few key terms upon...
The Two-Stage Test for Consent to Assign or Sub-Let Under a Lease
When a tenant applies for consent to assign or sublet a lease, landlords are not usually allowed to unreasonably withhold consent. However, where this is not the case it is crucial to understand the two-stage test that often exists in these leases. The test is...
Asset Sale v Share Sale
Part 2 – Share Sale Continuing from last week’s post, this week we will be looking at the pros and cons of a share sale. As a quick reminder, an asset sale allows the buyer to select specific assets and liabilities of the business, while a share sale transfers...
Asset Sale v Share Sale
Part 1 – Asset sale When acquiring an incorporated business in the UK, there are two main options: buying the assets of the business or buying the shares of the company that owns the business. Both methods have pros and cons, and the better option will depend on the...
Why Choose a Green Lease?
A green lease is a type of lease that contains provisions designed to promote the energy efficiency and sustainability of a building. These provisions can cover a wide range of issues, including energy performance, water and waste management, and other net zero...