Articles by James Daglish

Residential Service Charge consultation – developers beware!

It is relatively widely known that landlords of residential blocks must consult their tenants before they can recover (in full) certain items through the service charge regime. For example, if they wish to carry out a substantial redecoration of the exterior of the block. But that’s once the leases are in place, right? Unfortunately it’s […]


Serving notice – still not as simple as it sounds!

The serving of notices sometimes feels more akin to bomb disposal, than posting a letter. The slightest wrong turn can potentially prove fatal! Unfortunately that has only been compounded by a recent Scottish case. Courts have generally taken a strict approach to the contractual or statutory requirements governing the form and service of notices. The safety nets they […]

Lessons for the food and restaurant trade from the Fabric case

The high profile closure of Fabric, and recent resolution to enable it to re-open, may seem a far cry from the average retail food offering. Much of it was! However, there are some important points to take on board, which are applicable more widely. First of all, know your permitted hours and conditions. All those […]


The power of the spoken word… to vary a lease

It is not uncommon in the commercial property world for arrangements to be made to re-schedule or change the pattern of rent payments. When it comes to short leases and the like, a recent Court of Appeal case has highlighted the need for care when making those arrangements orally. In MWB Business Exchange Centres Limited […]

The limitations of forfeiture

Conceptually forfeiture is perhaps the landlord’s ultimate sanction against tenants who do not comply fully with the terms of their lease.  And from the tenants’ side, a serious motivator to comply! However, a recent Court of Appeal case has highlighted how tricky it can in fact be to deploy. The case concerned a tenant that had […]


Green and Pleasant Land

James Daglish assesses the progress of green leases.

Give Me a Break Clause!

Break clauses and their exercise continue to cause headaches.


Chancel Repair Liability Update

What is the position as regards chancel repair liability after 12 October 2013?