Disclosure of documents subject to implied undertakings
Following on from last week’s blog and checklist, Break Clauses in Commercial Property, this blog summarises two of the key recent cases in this area, relating to the payment of sums due as well as highlighting some of the commercial aspects to bear in mind when a right to exercise a break clause in a lease is on the horizon.
Break clauses are a common part of the commercial landscape during negotiations for the grant of a lease of commercial property. Daniel Moan explains.
Distress is an ancient remedy whereby a landlord can instruct bailiffs to enter the demised property to seize the tenant’s goods when the tenant is in arrears of rent. On 6 April 2014 this age old law will be abolished and following the implementation of Part 3 of the Tribunals Courts and Enforcement Act 2007, a new statutory regime for Commercial Rent Arrears Recovery (CRAR) will come into force.
Rogue traders are hoping to cash in on the Christmas spirit. So at a time when vacant retail premises are at all-time high, property owners and retailers need to take extra care of their empty units or there is a risk that they will fall victim to ‘fly traders’ looking for the ultimate in rent-free “pop up” shops. Caroline DeLaney discusses.
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