Posted by Owen McKenna Sep 21st, 2009, in Commercial property update
What is it?
Chancel repair liability is an ancient interest, and according to The National Archives, potentially benefits some 5,200 pre-Reformation churches in England and Wales. It allows the Parochial Church Council (PCC) to require owners of former rectorial land (which does not need not be in close proximity to a church building) to meet the cost of repairing the church chancel. It does not matter that the land may have been divided into many freeholds – each part of the land is potentially liable for the whole amount – and the liability passes with the land, regardless of whether the owner of the land knows of the liability or not. (more…)
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Posted by Owen McKenna Apr 12th, 2009, in Commercial property update
You only have to look at the high street and read the newspapers to see that the number of empty premises has increased and tenant administrations are on the rise. Clearly, in today’s economic climate there are a number of new challenges facing landlords and tenants of commercial leases. One such challenge facing a landlord is what to do in the event of tenant breach.
Forfeiture is a landlord’s right to re-enter the premises and determine the lease on breach by the tenant of its lease covenants or upon the happening of certain specified events. The right is not automatic, it exists only where the lease expressly includes such a right. Most commercial leases however will contain a clause thereby allowing the landlord to re-enter the premises on the happening of specified events. (more…)
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