The Levelling Up and Regeneration Act 2023 will give local authorities new powers to hold rental auctions of empty high street properties if landlords do not find tenants for themselves. The relevant parts of the legislation are not yet in force, but if you are a landlord of urban retail, office or hospitality premises which…

If you are considering buying a commercial property, it is up to you to find out as much as possible about the property and the surrounding area before you commit yourself. You will need a solicitor to carry out formal searches of public data and look at any legal issues, but you must also look…

The most successful commercial landlords take an active approach to managing their properties, and there is more to this than making sure the building is well-maintained. It is also important to check that your tenants are not causing a nuisance to others or acting illegally, as if you do not enforce the tenant’s obligations in…

If you take a lease of business premises, your landlord may ask you to ‘contract out’ of statutory rights that apply to business tenancies. Before making that decision, you need expert legal advice to understand what rights you are giving up and how that might affect your business in the future. ‘If your business is…

Commercial tenants will know that the rent they pay is only one part of the overall cost of occupying their premises. A service charge is another significant cost and, unlike rent, it can fluctuate from year to year depending on what the landlord intends to spend on maintenance and other services. Commercial tenants keen to…

Charities enjoy favourable tax status but must follow a range of statutory rules, and this includes obligations in regard to leasing premises and property transactions. The trustees must take care to follow the proper process if they want to sell or let their land or use it to secure borrowing. ‘There is also a possible…

In challenging economic conditions, commercial property landlords must be prepared for tenants to hit financial difficulties and for some to go out of business. If your tenant becomes insolvent, there are legal restrictions on the kind of action you can take which will be different depending on the type of insolvency process your tenant is…

No commercial landlord wants their property empty. A vacant unit costs money in repair, insurance, and business rates, without producing any income; and it could be vulnerable to vandalism or squatters. Getting a short-term occupier into your property is a great way to keep it ‘alive’ and bring in rent while you look for a…

A home with outside space appeals to many of us, but it may be hard to find somewhere affordable with a garden and, even then, you may not want the responsibility of its upkeep. A balcony or roof terrace could give you that much coveted al fresco space without the maintenance headache. ‘It is certainly…

If you take out a mortgage to buy your home, your lender will almost certainly register a charge against it at the Land Registry. The charge does not transfer ownership. However, it will give the lender important rights, including the ability to sell your home if you default on your loan. ‘When borrowing to buy…

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