The following Property practice note provides comprehensive and up to date legal information covering:
The more important a particular tenant is to the viability of a particular development, the more likely that the landlord will insist the tenant should not be able to assign its interest under the agreement for lease. Key decisions by the lender who is funding the development costs and the investor who is buying the completed development (and also, if the developer doesn’t own the development site, by the seller who is committing its land to the development), will have been based to a material degree on the covenant strength and profile of those tenant(s) with whom the developer has secured a pre-let agreement. Any dilution of that covenant and profile will significantly prejudice the developer.
The developer therefore expects the same tenant to sign the agreement for lease and to take the lease when it is granted. Consequently, the agreement for lease is often personal to the tenant. The developer will also prohibit underletting, charging, parting with or otherwise dealing with the tenant's interest under the agreement for lease, although a right to charge (with the developer’s consent) will often be conceded if the tenant needs to secure funding for its fit-out works.
However, tax considerations or an intra-group reorganisation may dictate that the tenant is afforded the flexibility of having the lease taken by another group company, or by the tenant’s
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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