Jon Vivian
ProfessionalDespite technological progress, many property issues remain constant
Although I am very much continuing my legal career, having stepped down as head of real estate at Irwin Mitchell, the time has come for me to pen my last Property Week column - after 20 years of filing more than 150 of them.
ProfessionalDo your deals homework as market starts to heat up
The dearth of transactional activity in the last few years means those who want to buy or sell property have not had to consider how to do deals in a competitive way.
ProfessionalShort leases: don’t leave yourself exposed at breaking point
The British Council for Offices’ Property Data Report 2013, published at the end of October, confirmed the widely held view that commercial property lease terms are becoming even shorter.
ProfessionalBe clear on deposits or risk losing out
The welcome signs of an improving market at long last are prompting investors to look at the structure of the deals they are putting forward.
ProfessionalA guide to lease flashpoints in a tenant’s market
Legislative initiatives have increased the number of clauses in new leases, but the main negotiation battlegrounds continue to be in traditional areas.
ProfessionalLandlords beware — judgment breaks with break clause tradition
Earlier this year, my article warned tenants exercising break options to ensure they comply strictly with the conditions of their lease break, as case law has consistently confirmed that even a minor failure to comply will result in an invalid break.
ProfessionalDevelopers beware: when properties transfer, obligations may not
Parties entering into a contract with each other must exercise caution when considering what might happen if one of the parties disposes of its interest — in particular, whether successors in title are bound by positive obligations.
ProfessionalMore than ever before, tenants want to take a break
The IPD and Strutt & Parker Lease Events Review 2012 reveals that nearly half of tenants surveyed left their lease at break.
ProfessionalBetter the tenant you know: CVAs can work for landlords
The Autumn Statement will have compounded retailers’ fears that they face tough times.
ProfessionalYour assignment … should you choose to accept it
In the present climate, tenants are often concerned about their onerous lease liabilities.
ProfessionalDivide and keep open: courts rule differently north and south of border
The 2012 State of the Retail Nation survey makes for sobering reading.
ProfessionalPop-up shops are the future, so prepare the legal ground
Retail is changing fast. One of the new trends that has emerged in recent years — and which appears to be flourishing — is the concept of “pop-up” stores: the opening of temporary retail and leisure spaces to make use of otherwise derelict space.
ProfessionalTry deploying LPA receiver before nuclear option of administration
We may not have seen the volume of administrations that many anticipated during this recession, but evidence suggests a recent rise, particularly in the retail sector.
ProfessionalShopping, lending and planning: my three wishes for 2012
Last year was a tough one for the property market, which faced some sustained challenges. Unfortunately, the general weight of opinion is that 2012 will be similar.
ProfessionalEmbrace Twitter - but beware the legal ramifications of what you say
The explosion of social media as a means of communication continues apace
- Professional
Carbon Reduction Commitment leaves landlords in legal limbo, says Jon Vivian
The government’s much-maligned changes to the Carbon Reduction Committment (CRC) are due to become law this April and landlords are already grappling with what the new rules mean for their contracts
- Professional
In a slump it pays to know how you can get out of a contract, says Jon Vivian
One of the consequences of changing market conditions over the last two years is that when parties entered into agreements they had certain expectations, but later find the deal no longer stacks up. In these circumstances, one of the parties can sometimes seek a way out.
- Professional
When companies reorganise, break clauses become disorganised
In these difficult times, corporate groups are reorganising with increasing frequency, changing their structures and the companies that hold their property assets
ProfessionalCompetition regulation will change rules of property game
The property industry is facing a crackdown on anti-competitive practices, says Jon Vivian
ProfessionalCVAs show why you should keep your tenants close
Knowing your tenants can help when working through cashflow issues, says Jon Vivian
