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Experience and Expertise

Here are a few examples of the types of scenarios we deal with on a daily basis, along with our "Top Tips" for getting it right.  We will carefully guide you through the whole process - and look after your interests at every stage

1. Whether you are a landlord developing or a tenant taking a new building, there are several areas where sound practical legal advice is needed beyond looking at the lease to be signed when the new building is ready for occupation  

We acted for a landlord who built a new medical centre for a tenant and fitted it out to the tenant's specification.   It was critical that the landlord had a watertight development agreement for lease signed up with the tenant before he committed any capital expenditure.  The tenant also needed to be certain that their build and fit out specification would be delivered to plan and deadline to meet their business needs.   With the tenant taking on the building repair and maintenance responsibilities going forward it was important for the landlord's professional team to deliver appropriate collateral warranties for their design workmanship and materials and to liaise with all parties to make sure these were provided in time for lease completion.  

If you are building any new building or are taking on a lease of a new building make sure you have:

  • a planning permission which is incapable of challenge
  • the right form of building contract between landlord and contractor
  • a development agreement for lease between landlord and tenant covering all construction aspects of the build
  • an agreed build time line and specification which can only be changed in strictly controlled circumstances and if appropriate with penalties for non-compliance
  • an agreed lease which will be completed when the building is ready so that capital expenditure is recouped via rental payments
  • enforceable defects liability provisions
  • product guarantees
  • collateral warranties to cover any defective design workmanship or materials

2. Landowners are regularly approached by telecoms operators to erect equipment on their land or experience difficulties where equipment has already been erected to either add to or share that equipment

We recently acted for a client who had entered into a 10 year lease with an operator 8 years ago and he has now been told by the operator that they want to share the equipment with another operator.   It is important not to be pushed into agreeing new terms without consideration of all the options.   In this case the lease did not permit sharing so a variation has been negotiated requiring the operator to share the extra income it will receive from site sharing with the landowner. 

If you are approached by a telecoms operator it is important to check:

  • the dimensions of the area they need for their site
  • the equipment to be installed is specifically described
  • there is no ability to add to the equipment later
  • there is no ability to share with other operators including parent companies, group companies, subsidiaries and the like
  • the equipment will be properly and regularly maintained and all safety aspects looked after by the operator
  • if the landowner needs a break for redevelopment
  • is the operator part of the Telecommunication Code
  • does the lease need to be excluded from the security of tenure provisions of the Landlord and Tenant Act 1954
  • is the rent reviewed at regular intervals and on an upward only basis

3. If you plan to develop old buildings, special consideration must be given to the various consents required for development in addition to obtaining full planning permission.  

We were delighted to act for the developer of Lendal Tower York and its outbuildings.  

Originally part of the City's defences before being used to pump water through the City it was acquired as a residential development opportunity after the water works was re-housed elsewhere.  

The development process threw up many challenges before emerging into beautiful bespoke houses.   The Tower was designated a scheduled ancient monument, being an important part of this country's heritage assets.  Many historical parts of the building were also Grade II listed by English Heritage.   The centre of York has many special architectural and historical interests and as such is designated as a conservation area so extra planning controls apply to any development work to preserve and enhance the area's character.   Flood protection measures were also required to meet the Environment Agency's standards. 

If you intend to demolish, convert or reconstruct old buildings you should:

  • find out before you buy what consents you will need to carry out and complete your development
  • it is a criminal offence to carry out work to a scheduled ancient monument without the consent of the Secretary of State
  • it is an offence to demolish, alter or extend a listed building without listed building consent and the penalty can be a fine of unlimited amount or up to twelve months imprisonment, or both
  • anyone wishing to redevelop a site on which a listed building stands will need both listed building consent for the demolition and planning permission for the new building.  Planning permission alone is not sufficient to authorise demolition
  • get a copy of the listing from the local authority and check what is applies to as it is unlikely to apply to the whole building and in any event the listing is not intended to fossilise the building. The listing is to ensure that the architectural and historical interest of the building is carefully considered before any alterations either inside or outside are agreed
  • properties in a conservation area generally need permission from the council before making any alterations.   The council can change the types of alterations that need permission by making article 4 directions.  It is therefore essential to contact the council before making any arrangements to start any work on a property