Commercial Property Law

Provides a detailed explanation of both the underlying principles and their practical application in this complex area.

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