The In-House Lawyer

Real estate


Rights of light in cities: injunctions and damages

As growth in the UK’s major business centres begins to increase once again, Caroline DeLaney explains the problems associated with high-rise developments in terms of recent case law, and provides guidance for those brave enough ... Read more

Landlord and undertenant insolvency: the sandwiched tenant

The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to ... Read more

New government consultation papers on the planning system

On 21 December 2009 the Department of Communities and Local Government (DCLG) published two new consultations as part of the government’s response to the Killian Pretty Review. Improving the use and discharge of planning conditions The first ... Read more

Sale and leaseback: is it a giveaway?

Sales and leasebacks of real estate remain an often used mechanism to raise capital, improve operational cash flow, and, all being well, returns on investment. They range from a simply structured transaction involving a straight ... Read more

Limiting lease liabilities

Previous articles have discussed the effective exercise of break clauses, thereby bringing the existing lease liability to an end (p63, IHL170) and former tenants being held to account for their historic lease liabilities (p56, IHL174). ... Read more

Preparing for the Community Infrastructure Levy

The Community Infrastructure Levy (CIL) was introduced in the Planning Act 2008. The government is currently consulting on regulations to implement the CIL in ‘Detailed proposals and draft regulations for the introduction of the Community ... Read more

Former properties coming back to haunt you?

In times of economic difficulty former tenants of buildings can often find themselves served with a notice relating to their old premises and being told that they remain liable for the rents and other tenant ... Read more

Demystifying the Carbon Reduction Commitment

Over the past few months there has been much publicity about the Carbon Reduction Commitment (CRC). A large number of companies have now pushed the CRC further up their agenda and are starting to think ... Read more

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