The In-House Lawyer

Real estate


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

Access to justice: protective costs orders in planning challenges

Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application ... Read more

Lease re-gearings and extensions: some issues to consider

As a result of the recession, lease re-gearings and extensions are becoming increasingly popular for landlords and tenants.Take an example that is fairly typical at the moment. A tenant occupies an office building in central ... Read more

Sale of land and the return of a buyer’s deposit

The Court of Appeal has recently provided welcome guidance on the circumstances in which a court will exercise its discretion to order the return of a buyer’s deposit after it fails to complete a land ... Read more

More in: Real estate