A Practical Approach to Commercial Conveyancing and Property 5th edition by Robert Abbey, Mark Richards ISBN 0198759541 978-0198759546

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ISBN 10: 0198759541
ISBN 13: 978-0198759546
Author: Robert Abbey, Mark Richards 

Commercial conveyancing and property is a complex and diverse area with many potential pitfalls. Equally, new developments in case law and legislation have caused major change for those working in the discipline. A Practical Approach to Commercial Conveyancing and Property provides a comprehensive, single-volume guide to the law and procedure of commercial property as well as the realities of working with commercial clients. Praised for its accessible and practical approach, it includes practical solutions to common difficulties, checklists, drafting tips, and helpful diagrams to guide practitioners and students alike through the intricacies of the field.

Written by a well-established and respected author team, this fifth edition has been fully updated with the very latest developments in this area, including changes to taxation and Land Registry practice; increasing problems such as environmental issues; the reform of the law relating to distress; the RICS 2014 Code of Practice on Service Charges in Commercial Property; updated CPSE enquiries; enhanced coverage of property development; and significant new case law including Shaw v Doleman (2009), Clarence House v National Westminster Bank plc (2009), Coventry v Lawrence (2012), Humber Oil v Associated British Ports (2012), and Pillar Denton v Jervis (2014).

The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.

A Practical Approach to Commercial Conveyancing and Property 5th Table of contents:

THE CLIENT

A INTRODUCTION

B MEETING THE CLIENT

C CHECKLISTS

D UNDERSTANDING THE LAW OF LANDLORD AND TENANT

E TAKING INSTRUCTIONS ON THE GRANT OF A COMMERCIAL LEASE

F DRAFTING, APPROVING, AND NEGOTIATING THE LEASE

G CLIENT CARE AND ADVICE ON COSTS

H CLIENT CONFIDENTIALITY AND MONEY LAUNDERING

I ACTING FOR LANDLORD AND TENANT

J ACTING FOR LENDER AND BORROWER

K USE OF E-MAIL

1 AN INTRODUCTION TO COMMERCIAL CONVEYANCING AND PROPERTY

A GENERAL INTRODUCTION TO THE SCOPE OF THIS BOOK

B AN OVERVIEW AND AN INTRODUCTION TO COMMERCIAL CONVEYANCING AND PROPERTY

C DEFENSIVE LAWYERING AND THE COMMERCIAL CONVEYANCING PROCESS

D THE 2002 STATUTES, CODES, STANDARDS, AND OTHER STATUTES

E COMMERCIAL LEASES—AN INTRODUCTION

2 RENT AND RENT REVIEW

A RENT

B RENT REVIEW

3 COMMERCIAL LEASE COVENANTS I

A GENERAL INTRODUCTION

B COVENANTS BY THE LESSEE

C SURETY COVENANTS OR GUARANTEES

4 COMMERCIAL LEASE COVENANTS II

A LESSOR’S COVENANTS

B SERVICE CHARGES IN A COMMERCIAL LEASE

5 MISCELLANEOUS LEASE CONCERNS: ENFORCEABILITY OF LEASE COVENANTS, INSOLVENCY AND DISCLAIMER, SURRENDER, AND MERGER

A ENFORCEABILITY OF LEASE COVENANTS

B INSOLVENCY AND DISCLAIMER

C SURRENDER

D MERGER

6 REMEDIES CONTRACTUAL DELAYS AND REMEDIES

A DELAYS

B REMEDIES

COMMERCIAL LEASE REMEDIES

C COMMERCIAL RENT ARREARS RECOVERY

D FORFEITURE

E REMEDIES FOR BREACH OF LESSEE REPAIRING COVENANTS

F REMEDIES AVAILABLE TO THE LESSEE

G LITIGATION AND OTHER COMMERCIAL LEASE REMEDIES

7 THE LANDLORD AND TENANT ACT 1954, PT II: SECURITY OF TENURE FOR BUSINESS TENANTS AND THE TERMINATION AND RENEWAL OF BUSINESS TENANCIES

A INTRODUCTION

B QUALIFYING AGREEMENTS

C NEED FOR ‘TENANCY’

D TENANCIES WHERE STATUTORY PROTECTION IS EXCLUDED

E NEED FOR ‘OCCUPATION’

F NEED FOR ‘THE PURPOSES OF A BUSINESS’

G WAYS OF TERMINATING TENANCIES UNDER THE ACT

H DEFINITION OF ‘THE HOLDING’

I DEFINITION OF ‘COMPETENT LANDLORD’

J SECTION 40 NOTICES

K RULES FOR SERVICE OF NOTICES

L LANDLORD’S APPLICATION FOR INTERIM RENT

M LANDLORD’S STATUTORY GROUNDS OF OPPOSITION

N TENANT’S RIGHT TO COMPENSATION FOR FAILURE TO OBTAIN A NEW TENANCY

O THE TERMS OF THE NEW TENANCY

P COURT ORDER FOR NEW TENANCY

8 PROPERTY DEVELOPMENT: LAND ACQUISITION, PLANNING, CONSTRUCTION, AND FINANCE

A INTRODUCTION

B ACQUIRING LAND FOR DEVELOPMENT

C TOWN AND COUNTRY PLANNING

D DESIGN AND CONSTRUCTION

E DEVELOPMENT FINANCE AND SECURED LENDING

9 SELLING AND BUYING TENANTED PROPERTIES

A GENERAL INTRODUCTION

B TENANTED PROPERTIES: THE SELLER’S PERSPECTIVE; CONTRACTUAL MATTERS

C TENANTED PROPERTIES: THE BUYER’S PERSPECTIVE; PRE-CONTRACT ENQUIRIES

D TENANTED PROPERTIES: THE BUYER’S PERSPECTIVE; THE TITLE; AND RAISING REQUISITIONS

E COMPLETION MATTERS

F COMPANY ACQUISITIONS

10 REVENUE LAW AND COMMERCIAL CONVEYANCING

A INTRODUCTION

B VAT ON COMMERCIAL PROPERTY

C STAMP DUTY LAND TAX

D OTHER TAXES

E TAXATION ISSUES FOR YOUR CLIENT

F TAXATION ISSUES FOR THE SUBJECT PROPERTY

G TAXATION ISSUES FOR PRACTITIONERS

H REVENUE LAW AND COMMERCIAL CONVEYANCING—A CONCLUDING ISSUE

11 YOUR PRACTICE

A INTRODUCTION

B LIBRARY, PRACTICE, AND RESEARCH MATERIALS

C CONTINUING YOUR PROFESSIONAL DEVELOPMENT

APPENDIX 1 Commercial Property Related Web Sites

APPENDIX 2 Authorized Guarantee Agreement Precedent

APPENDIX 3 Law Society Standard Form Leases

APPENDIX 4 Standard Commercial Property Conditions (2nd edn)

APPENDIX 5 Mortgage Fraud Practice Note—31 July 2014

APPENDIX 6 Forms of Notice under the Landlord and Tenant (Covenants) Act 1995, s 17

APPENDIX 7 Landlord’s Requests for Release from Covenants

APPENDIX 8 Tenant’s Responses to Landlord’s Requests for Release from Covenants

APPENDIX 9 Notice for Binding Apportionment on Assignment of Part

APPENDIX 10 Request for an Overriding Lease by Former Tenant Pursuant to s 19 of the Landlord and Tenant (Covenants) Act 1995

APPENDIX 11 Precedent for an Overriding Lease Granted Pursuant to s 19 of the Landlord and Tenant (Covenants) Act 1995

APPENDIX 12 Specimen Notices under the Law of Property Act 1925, s 146

APPENDIX 13 Notices under the Landlord and Tenant Act 1954, s 40

APPENDIX 14 Landlord’s Notices under the Landlord and Tenant Act 1954, s 25

APPENDIX 15 Tenant’s Request under the Landlord and Tenant Act 1954, s 26

APPENDIX 16 Environmental Enquiries of Seller’s Solicitors

APPENDIX 17 The Code for Leasing Business Premises in England and Wales 2007

APPENDIX 18 Guide to Completing Prescribed Clauses: Text That Must Be Included

Index

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