Real Estate Insight - Negotiate better lease terms: Latest real estate newsletter from B P Collins

Welcome to your October edition of Real Estate Insight from B P Collins. We lead this edition with a feature length article examining how commercial tenants use break clauses as leverage when negotiating fresh terms. The team also outline the new Renewable Heat Incentive scheme which provides for regular payments to 'green' owners of premises, alongside recent case reports for both commercial and residential property.

Our In Brief articles on the right provide a digestible snapshot of recent property law developments and we are also pleased to report on our success in the recently published Legal 500.

Using break clauses to get better lease terms

Your lease should set out what rent reviews there will be, the procedures to follow and how your new level of rent is determined, but see how you could use break clauses to renegotiate your lease.

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Businesses rewarded for 'going green'

A new Renewable Heat Incentive scheme, providing for payments to reward businesses for using renewable heating technology, took effect from 30 September 2011.

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Landlord's last-minute payment into deposit scheme avoided penalty

A residential landlord who only paid his tenant's deposit into an approved scheme just before the court heard his repossession claim did not have to compensate his tenant for his failure.

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House buyer fails in misrepresentation claim against seller

The Court of Appeal has said a clause in a house contract saying the buyer could not rely on pre-contract statements by the seller that later turned out to be wrong was effective.

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Tenant still in possession makes break in lease ineffective

A tenant who used a break clause to end its tenancy found that the terms continued, including their liability to pay rent, because there were still contractors on the premises after the break date.

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Tribunal prevents builder from developing site in breach of covenants

Developers building in breach of covenants cannot assume the Upper Tribunal Lands Chamber will modify or remove the covenants if the developer pays compensation to those entitled to benefit from them.

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Plans not definitive in property rights

A dispute between neighbours involving a driveway which crossed a piece of land illustrates the significance of two important facts about property rights.

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Unclear lease terms cost subtenant

When rental values fall, a variety of approaches can be adopted if a tenant wishes to sublet, but the documentation must take into account all eventualities.

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Tenant must prove works claim

In a recent case, a commercial landlord and tenant were in dispute over the rent payable following a rent review.

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Latest news in brief

Property team has firm foundations

New Guide on shorthold tenants' deposits

Noisy neighbours: I hear you knocking

Service charge accounts - What can you do?

HSE proposes for businesses to pay for H&S inspections

RICS publishes new Code on service charges

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