Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
This two-part blog examines questions that might arise in relation to structuring a mixed use development as a variation on clean freehold investment structure. The first part of this blog looked at whether, for a buffer lease to be effective, the main structure of the building needs to be included in the demise of the management company lease and, if not included, whether the tenants’ right of refusal would still
In this second part, we ask two further questions: Can we split the demise of the main structure between a management company lease (residential elements) and a long lease (commercial element)? And, if so, would the tenant’s first right of
refusal and right to manage then only apply to the management company lease and the part included in the demise?
Whether the demise of the main structure of the building can be split as above will depend on the layout of the development. That is, are the commercial and residential elements two separate ‘buildings’? We also need to consider appurtenances
to the residential part of the building.
So, what is a building? The Landlord and Tenant Act 1987 does not define ‘building’. The term is not confined to the bricks and mortar of which the building is constructed, but extends to the garden and other appurtenances (expressly or impliedly) included in the demise of a flat to the
tenant. That the building
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234