Vacant possession strategy for redevelopment
Produced in partnership with Jill Carey of Freeths
Vacant possession strategy for redevelopment

The following Property Disputes practice note produced in partnership with Jill Carey of Freeths provides comprehensive and up to date legal information covering:

  • Vacant possession strategy for redevelopment
  • Introduction
  • Due diligence
  • Commercial leases—excluded from LTA 1954
  • Expiry by effluxion of time
  • Early determination
  • Commercial leases—LTA 1954 protection
  • Preparing to serve a section 25 notice
  • Grounds of opposition
  • Timeline for section 25 notice
  • More...

Vacant possession strategy for redevelopment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

Introduction

A site that is ripe for redevelopment can also be laden with different interests, with varying degrees of legal protection. Landlords that are looking to redevelop must consider the nature of any interests, and the mechanisms and timings for terminating them, well before any redevelopment is due to commence.

Due diligence

The first step is to identify all the interests which may be held by third parties over the redevelopment site. Key questions to consider include:

  1. are they commercial, residential or mixed use premises?

  2. is there a written lease or other agreement in place?

  3. what is the length of term and the remaining term?

  4. what is the rent payable, including payment dates, amounts and the name of the paying party?

  5. has the occupier allowed

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