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Development Disputes

Adam Gross Associate at Hamlins LLP comments

Skips once more line the streets as landlords seize on opportunities to redevelop their buildings. Many are converting office premises to residential (in line with the politically and economically driven permitted development schemes), others redevelop, reconstruct or carry out substantial construction works to create a redesigned, higher spec property that attracts a higher rent.

Yet securing vacant possession is not always straight forward. Issues often arise when a lease is about to expire contractually, for example.

If that is not in the immediate future, a landlord will need to see whether it has a right to terminate the lease early by exercising an option to break and ensuring that any break conditions are met. Break notices for instance need to be drafted and served carefully. Specialist advice should be sought here, as the potential to redevelop will be lost if defective notices and service of them cause the landlord to fail to exercise its option properly.

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