Articles by James Daglish

Yet another break notice hazard warning

It seems that barely a year goes by without a break clause related tale of woe emanating from the Courts. Sackville Property Select II (GP) No.1 Ltd & Anor v Robertson Taylor Insurance Brokers Ltd & Anor can be added to that ever expanding tome. In that case the Court considered the validity of a […]

What happens if you fail to register your new lease?

New leases for seven years or more must be registered at the Land Registry, normally by the Tenant, and within 2 months of completion. But what happens if you don’t? It rather depends on whether your landlord’s title is registered or not. The Landlord’s title is unregistered Where the Landlord’s title is unregistered, the new […]

Minimum Unit Pricing

Will cheap alcohol in Scotland soon be a thing of the past?  Health campaigners may hope so. Some in the industry don’t!  Either way, the Minimum Unit Pricing case is in the Supreme Court on Monday and Tuesday (24- 25 July 2017), and is likely to be pivotal.  We shall be watching the outcome closely. “CHEAP […]

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 […]

Illegal Working in Licensed Premises

There hasn’t been much publicity about this, but these measures (see link below) are specifically for the Licensed Trade (alcohol and late night refreshment), and came into force on 6 April 2017.  In short it is part of a clamp down on illegal working in Licensed Premises, with the key points being: Applications by individuals […]

Alcohol and Late Night Refreshment Figures

The latest Government figures for alcohol and late night refreshment licences are out. Two points stand out for me. First, the ongoing climb in the number of premises licences suggests a general resilience in the sector, which is encouraging.  Challenges obviously remain, broad figures should be approached with caution, and there are still pockets of […]

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?