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Understanding repair clauses in commercial leases is crucial, yet many tenants find themselves unprepared for the complexities involved. Our comprehensive guide, 'The Tenant's Guide to Repair Clauses,' sheds light on these intricacies, covering: - Who is responsible for repairs: Contrary to residential leases, commercial tenants typically bear this responsibility, with exceptions that need careful clarification. - What needs to be repaired: Defining the 'demise' and understanding what elements of the property are the tenant's responsibility can be surprising. - When repairs are required: From initial maintenance to end-of-lease dilapidations, timing can be more complicated than expected, with legal frameworks like the Law and Property Act 1925 coming into play. - The standard of repair: A constantly evolving subject, with case law continually influencing what constitutes 'good repair' and 'tenantable condition.' Tenants need to be proactive and well-informed to avoid costly disputes and liabilities. 👉 Explore our full guide here: https://lnkd.in/e5WfAXXT #RepairClauses #TenantGuide #CommercialLease #Dabinett #StockportSurveyors #PropertyLaw #TenantResponsibilities

The Party Wall etc. Act 1996 legislation applies when two parties share a boundary wall. This Act requires a building owner to give at least 1 month’s notice before works are due to start on a party wall. The adjacent business then has 14 days to provide a response from the date of the notice or the matter could be deemed as a dispute. If you need to resolve a property or commercial dispute, email andrewwhitfield@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment. #SHBsolicitors #Property #Dispute #LegalAdvice #Leicester

Residential leases/automatic termination clauses/main residence of the tenant: Up until a law dated No.  2023-668 dated 27 July 2023 came into force, automatic termination clauses in residential lease agreements could only take effect after a two-month grace period. The law dated 27 July 2023 reduced this grace period to 6 weeks. In an opinion issued on 13 June 2024 (No. 24-70.02), the Cour de cassation clarifies that the new grace period does not apply to leases that were concluded before 27 July 2023 and thus does not have retroactive effect. A first-tier court already issued a judgement on 19 April 2024 with the same position (Tribunal judiciaire, Bobigny, 19 April 2024 – No. 24/00213). #realestate #residential #lease

#HousingReform The law's impact is expected to be wide-reaching, affecting all existing lease agreements, including those for government-provided housing. It mandates the development of standardised lease agreements to ensure clarity and fairness in landlord-tenant relations. Furthermore, it establishes guidelines for lease terminations and evictions, protecting tenants from arbitrary displacement while holding them accountable for maintaining the property and adhering to the terms of their lease. Read more https://ow.ly/kfVL50RbiAI

We have summarised The Leasehold and Freehold Reform Act 2024 in the below article. Whilst it is a shame the The Property Institute's suggested amendments were not moved into the Act at least the government it trying to improve the rights of residential long leaseholders of houses and flats in England and Wales. Lets be hopeful that the secondary legislation and statutory instruments bring sensible and proportionate change without inflicting too many additional costs on the very leaseholders the government is trying to protect. #blockmanagement #leaseholdmanagement https://lnkd.in/gcVz3usd

Sweeper clauses are included in many modern leases and the question of what can actually be recovered under the sweeper depends on the construction of each individual clause. My #CMS colleagues, Aleksandra Rowe and Emma Pinkerton look at a recent case where the court took a restrictive approach to a service charge sweeper clause. #cmslaw #servicecharge #sweeperclause

A break clause is a contractual provision in a commercial lease which allows either the landlord or the tenant to terminate early. Break clauses are often one of the most important negotiation issues in the grant of a new commercial lease. Read more on the recent article by Partner and Head of Property, Tania Austin: https://buff.ly/49OjIpk #BAM #Property #RealEstate #CommercialProperty #UKProperty #PropertySolicitor #Solicitor #London #LawFirm

In this blog, Tim Dawson from our Commercial Property team explains what the 'golden thread of information' is and how this new legislation places greater responsibility on developers and constructors of buildings recognised as high risk. bit.ly/47Nac5H #CommercialPropertyLaw #Solicitors

Starting August 18, 2024, New York landlords must provide tenants with a Good Cause Eviction Law Notice when they take certain actions, such as offering a new lease, renewing an existing lease, or notifying a tenant that their lease will not be renewed. The notice must be included in all leases, lease renewals, and predicate notices, and must apply to all landlords, even those exempt from the Good Cause Eviction Law. By law, the notice is to be promulgated by DHCR. As I write this, August 20, 2024, DHCR has not issued the notice. REBNY created a facsimile notice that contains all the requisite language mandated by the Good Cause Eviction Law. Until DHCR issues the required notice, it's prudent to consider using the REBNY form. @belkinburdengoldman llp #goodcauseeviction #housing #notices #DHCR

Please check out our weekly property litigation bulletin articles below ⬇️ Have a great, restful and wholesome bank holiday weekend all! #property #propertylitigation #realestate