The following Property Disputes guidance note Produced in partnership with Jill Carey of Taylor Wessing LLP provides comprehensive and up to date legal information covering:
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.
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:
are they commercial, residential or mixed use premises?
is there a written lease or other agreement in place?
what is the length of term and the remaining term?
what is the rent payable, including payment dates, amounts and the name of the paying party?
has the occupier allowed any other party into occupation and, if so, on what basis?
Where the leases have the protection of the Landlord and Tenant Act 1954 (LTA 1954), the landlord can serve a section 40 notice within the last two years of the term to flush out any interests. See Practice Note: Section 40 information requests.
For a Precedent vacant possession strategy schedule which can be used to collate details of all occupiers and the status of their occupation, details of any notices to be served, and details of any proceedings, see Precedent: Vacant possession strategy—schedule.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234