A Practical Approach to Commercial Conveyancing and Property,9780199291502

A Practical Approach to Commercial Conveyancing and Property

by ;
Edition: 3rd
ISBN13: 9780199291502
ISBN10: 0199291500
Format: Paperback
Pub. Date: 2006-04-27
Publisher(s): Blackstone Press
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Summary

Now in its third edition, this successful text serves as an accessible guide through the complex and diverse area of commercial conveyancing and property. Practical solutions are given to many of the more commonplace difficulties encountered, together with helpful diagrams explaining some of the intricacies involved. Checklists are provided as models of procedure, and easily-followed precedent clauses and forms are supplied. Together these make the book an invaluable procedural structure for anyone involved in the subject.

Author Biography


Professor Robert Abbey, solicitor, is Director of Legal Practice at the University of Westminster. He has been involved in the Legal Practice Course since its introduction in 1993. He is the Law Society's Chief External Examiner in Property Law and Practice, and was previously a partner with central London firm Russell Jones and Walker Solicitors. Mark Richards, solicitor, has taught conveyancing since 1993 as well as the LPC elective for Commercial Property and is Senior Lecturer in Law at the University of Westminster. He was previously a partner in central London commercial property firm Hamlin Slowe.

Table of Contents

Table of Cases
xv
Table of Statutes
xxv
Table of Statutory Instruments
xxxi
The Client
Introduction
1(1)
Meeting the Client
2(2)
Checklists
4(1)
Understanding the Law of Landlord and Tenant
5(4)
Taking Instructions on the Grant of a Commercial Lease
9(1)
Drafting, Approving, and Negotiating the Lease
10(8)
Client Care and Advice on Costs
18(6)
Client Confidentiality and Money Laundering
24(4)
Acting for Landlord and Tenant
28(5)
Use of E-Mail
33
An Introduction to Commercial Conveyancing and Property
General Introduction to the Scope of This Book
1(5)
An Overview and An Introduction to Commercial Conveyancing and Property
6(3)
Defensive Lawyering and the Commercial Conveyancing Process
9(9)
The 2002 Statutes, Codes, and Standards
18(30)
Commercial Leases -- An Introduction
48
Rent and Rent Review
Rent
1(23)
Rent Review
24
Commercial Lease Covenants I
General Introduction
1(2)
Covenants by the Lessee
3(95)
Surety Covenants
98
Commercial Lease Covenants II
Lessor's Covenants
1(44)
Service Charges in a Commercial Lease
45
Miscellaneous Lease Concerns: Enforceability of Lease Covenants, Insolvency and Disclaimer, Surrender and Merger
Enforceability of Lease Covenants
2(61)
Insolvency and Disclaimer
63(15)
Surrender
78(13)
Merger
91
Remedies
Contractual Delays and Remedies
2(69)
Delays
2(25)
Remedies
27(44)
Commercial Lease Remedies
71(278)
Distress for Rent
74(9)
Forfeiture
83(34)
Remedies for Breach of Lessee Repairing Covenants
117(4)
Remedies Available to the Lessee
121(6)
Litigation and Other Commercial Lease Remedies
127
The Landlord and Tenant Act 1954, Pt II: Security of Tenure for Business Tenants and the Termination and Renewal of Business Tenancies
Introduction
1(4)
Qualifying Agreements
5(1)
Need for `Tenancy'
6(2)
Tenancies Where Statutory Protection is Excluded
8(15)
Need for `Occupation'
23(5)
Need for `The Purposes of a Business'
28(4)
Ways of Terminating Tenancies Under the Act
32(44)
Definition of `The Holding'
76(3)
Definition of `Competent Landlord'
79(8)
Section 40 Notices
87(7)
Rules for Service of Notices
94(5)
Landlord's Application for Interim Rent
99(11)
Landlord's Statutory Grounds of Opposition
110(37)
Tenant's Right to Compensation for Failure to Obtain a New Tenancy
147(8)
The Terms of the New Tenancy
155(25)
Court Order for New Tenancy
180
Property Development: Land Acquisition, Planning, Construction and Finance
Introduction
1(1)
Acquiring Land for Development
2(61)
Town and Country Planning
63(40)
Design and Construction
103(17)
Development Finance and Secured Lending
120
Selling and Buying Tenanted Properties
General Introduction
1(1)
Tenanted Properties: The Seller's Perspective; Contractual Matters
2(49)
Tenanted Properties: The Buyer's Perspective; Pre-Contract Enquiries
51(34)
Tenanted Properties: The Buyer's Perspective; the Title and Raising Requisitions
85(25)
Completion Matters
110(13)
Company Acquisitions
123
Revenue Law and Commercial Conveyancing
Introduction
1(1)
Vat on Commercial Property
2(22)
Stamp Duty Land Tax
24(17)
Other Taxes
41(28)
Taxation Issues for Your Client
69(4)
Taxation Issues for the Subject Property
73(2)
Taxation Issues for Practitioners
75(4)
Revenue Law and Commercial Conveyancing -- A Concluding Issue
79
Your Practice
Introduction
1(3)
Library, Practice, and Research Materials
4(8)
Continuing Your Professional Development
12(337)
Appendix 1 Commercial Property Related Websites 349(2)
Appendix 2 Authorized Guarantee Agreement Precedent 351(2)
Appendix 3 Law Society Standard Form Leases 353(10)
Appendix 4 Standard Commercial Property Conditions (2nd edn) 363(18)
Appendix 5 `Green Card' Warning on Property Fraud---Practice Information 381(2)
Appendix 6 Forms of Notice under the Landlord and Tenant (Covenants) Act 1995, s 17 383(5)
Appendix 7 Landlord's Requests for Release from Covenants 388(8)
Appendix 8 Tenant's Responses to Landlord's Requests for Release from Covenants 396(8)
Appendix 9 Notice for Binding Apportionment on Assignment of Part 404(3)
Appendix 10 Request for an Overriding Lease by Former Tenant Pursuant to s 19 of the Landlord and Tenant (Covenants) Act 1995 407(1)
Appendix 11 Precedent for an Overriding Lease Granted Pursuant to s 19 of the Landlord and Tenant (Covenants) Act 1995 408(2)
Appendix 12 Specimen Notices under the Law of Property Act 1925, s 146 410(4)
Appendix 13 Notices under the Landlord and Tenant Act 1954, s 40 414(7)
Appendix 14 Landlord's Notices under the Landlord and Tenant Act 1954, s 25 421(8)
Appendix 15 Tenant's Request under the Landlord and Tenant Act 1954, s 26 429(5)
Appendix 16 Environmental Enquiries of Seller's Solicitors 434(2)
Appendix 17 A Code of Practice for Commercial Leases in England and Wales (2nd edn) 436(14)
Appendix 18 British Property Federation Commercial Property Standard Enquiries 450(17)
Appendix 19 British Property Federation Commercial Property Standard Enquiries Guidance Notes 467(28)
Index 495

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