It may come down to the precise wording of the lease or consent, but I think you are right that the basic principle has to be that a disregard is a disregard and that the premises are valued on the basis that the improvement or addition had never been made.
I think the response has to be: "Nice try - but no."
Tenant's 'improvements'
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Tenant's 'improvements'
I have a shop with a flat above, currently vacant. The new tenant on assignment installed (with consent) air conditioning for the shop. Now at review, obviously I cannot count the air conditioning in the shop review, as it is a disregard, but they are saying that it reduces the value of the flat because of the noise of the extractors. Surely the 'disregard' works both ways, and I can ignore the effects of the air con in my valuation of the flat. has anybody any similar experience or case law I can quote? The tenant is Iceland Foods. All help appreciated!
Latest Activity
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Reply to Notice to Quit (Commercial Property)Such a thing as such doesn't exist if you mean a s25 notice then you can buy a download from various on line legal suppliers
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Channel: Commercial Property Questions
20-01-2021, 22:13 PM -
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by adriaHi All, Seasons Greetings.
In April my tenants have 6 months left before I put the (commercial) property on sale. They knew from the outset that I would be selling it in due course and have been contracted out of the LTA 1954 right from the beginning of their tenancy (and also when an...-
Channel: Commercial Property Questions
24-12-2012, 16:27 PM -
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Reply to Notice to Quit (Commercial Property)by simlockHi, can anybody tell me where i can download this form please thanks Notice to Quit Commercial Property
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Channel: Commercial Property Questions
20-01-2021, 13:49 PM -
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by comm1985With todays supreme court ruling on the Covid 19 business interruption test case.
Would that imply that landlords could claim loss of rent due to compulsory closure from Covid 19 lockdown measures?
Loss of Rent Clause wording below:
Compulsory Closure...-
Channel: Commercial Property Questions
15-01-2021, 17:04 PM -
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I wrote the above late last night; this morning's The Times is saying that the FCA representing policyholders obtained an order which paves the way for thousands of businesses compelled to close to be able to file for BI. It may not affect every policy, depends on the policy wording, so not quite time...
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Channel: Commercial Property Questions
16-01-2021, 09:00 AM -
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Very interesting question. I am of the opinion the cover is specific as to the business interruption ("BI") due to infectious disease AT THE PREMISES.such as an outbreak of salmonella at the staff kitchen causing some employees to fall ill
In my opinion the intent of the policy was...-
Channel: Commercial Property Questions
15-01-2021, 21:54 PM -
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by Baron HardupI am co-freeholder of a site with residential and commercial property.
My partner wishes to sell his share of the freehold.
It doesn't affect our commercial tenants but we are uncertain about our obligations to our residential lessees under Section 5 of the 87 L&T Act.
We're trying...-
Channel: Commercial Property Questions
12-01-2021, 16:45 PM -
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by Section20zWow, that's an interesting case. And proves even the courts don't know how to interpret the legislation...
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Channel: Commercial Property Questions
15-01-2021, 09:55 AM -
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Residential is not my forte but I wonder if the answer is to be found in Artist Court Collective Limited v Khan [2016]. EWHC 2453 (Ch)
Mr Khan was the immediate landlord of the tenants in a mixed user building (commercial and residential flats). Mr Khan entered into a trust deed with SGR...-
Channel: Commercial Property Questions
15-01-2021, 09:37 AM -
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by Section20zDon't take too much stock in what Lease-advice say.
The only penalty of failing to issue section 5 would be a subsequent forced sale to qualifying tenants at price paid (which could be high) as there has apparently never been a prosecution.
Or a sale to family member might exempt it as ...-
Channel: Commercial Property Questions
13-01-2021, 13:02 PM -
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