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New rules (The Civil Procedure (Amendment No. 4) Rules 2013 (SI 2013/1412)) came into effect on the 1 July 2013. This will be great news for developers as it means that the time limit for judicial review applications in respect of planning has been reduced from 3 months to  6 weeks.

No doubt developers will be very happy with the reduction in time limits but this is not great news for the party wanting to make the application for judicial review. Will 6 weeks be sufficient time for them to get their application together and lodged?  

 Christie Limb (climb@fidler.co.uk)

Partner

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 sqautter

There is a good chance that with older properties they will be subject to a rent of £1. The lease may be 100 year old and have not been increased since this time. Nowadays, these small rents are not collected and the freehold title may not even be registered.

Generally when purchasing such properties you would ensure that 6 years worth of rent on the assumption that this would be available to pay the Landlord if they ever materialised.

Other considerations should be that that the vendor should provide insurance as he could not provide anything better than good leasehold title and the Landlord may be absent. 

You should also consider whether any alterations have been carried out to the property. Whilst Planning and Building Regulation may have been complied with, consent under the lease may not have been obtained.  Once again insurance may need to be called upon.

If you are selling commercial leasehold property similar to the above then this may add to your costs as part of the sale.  There is an argument to call upon old covenants which are not protected by registration with the Land Registry to be abolished. Unfortunately this is not the current situation and we are left with the problems that come from these situations.

If  you need any advice in relation to the above please drop us a line at Fidler & Pepper or contact our commercial department directly.

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