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16/02/12 - Energy Performance Certificates – changes from 6 April 2012
From 6 April 2012 the law on Energy Performance Certificates (EPCs) is changing. These changes are being introduced with the intention that EPCs will be made available at an earlier stage in the sales and lettings process, thereby increasing the role that the energy information plays in a potential buyer or tenant’s decision to take the property.
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30/01/12 - Compliance with break conditions
The recent High Court case of Avocet Industrial Estates LLP v Merol Ltd and Tudor Rose International Ltd provides a harsh reminder of the need for tenants to ensure absolute compliance with all conditions attached to a break clause, while providing landlords with another method by which they can look to defeat the exercise of breaks. The tenant failed to pay £130 of default interest, and is now bound for the remainder of the term, with a potential liability of more than £300,000.
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19/12/11 - Empty business rates and charity lettings
The abolition of empty property rates relief in 2008 left many landlords with large liabilities on properties that they could not let. An increasingly popular method of reducing this liability has been to let empty properties to charities at very low or zero rents. However, there are some issues which both landlords and charities need to be aware of when entering into such arrangements.
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07/10/11 - Do you provide salary sacrifice benefits? If so, you MUST now consider if those arrangements are still cost effective.
A salary sacrifice arrangement involves an employee giving up part of their entitlement to salary which is subject to income tax and National Insurance contributions (NICs), in exchange for a new or enhanced non-cash benefit, which benefits from a full or partial exemption from tax or NICs (or both).
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22/09/11 - Reminder: Construction Act changes on 1 October 2011
Changes to the Construction Act will come into effect on 1 October. These changes affect payment provisions, the right to suspend works/services and the rules relating to the adjudication of disputes. The full briefing note provides an overview of the changes and considers some of the practical implications when entering into construction contracts after this date.
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05/09/11 - .xxx Domain Names
Later in the year .XXX domain names will become available. These are designed for use in the adult entertainment industry but there is a risk to your brand and trade name if a third party registers a .xxx extension and establishes a domain using your trade name. This note details the procedure available to prevent this.
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29/07/11 - Good Harvest upheld and clarified by Court of Appeal
The Court of Appeal in K/S Victoria Street v House of Fraser has upheld the Good Harvest decision that when a "new" lease is assigned the tenant's guarantor cannot give a valid guarantee of the assignee's obligations. However, the court has more helpfully confirmed that sub-guarantees are valid and that a tenant's guarantor can act as guarantor for subsequent (rather than immediate) assignees.
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21/07/11 - Bribery Act 2010: Now in Force! What does it mean for your business?
With effect from 1 July 2011 new offences have been introduced by the Bribery Act 2010 and there are severe penalties for individuals and businesses found guilty of committing them.
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18/07/11 - Time to review cookie use
A recent change in the Privacy and Electronic Communications Regulations Directive will affect practically all businesses who run a website in the EU and could have a significant impact on website Terms and Conditions and methods of use.
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06/09/10 - Good Harvest - bad news for everyone
Over the last few years tenant insolvencies have become increasingly common and landlords are looking for someone else to pay the rent. One option is to go after former tenants and their guarantors but the high court decision in the Good Harvest case earlier this year has cast some doubt over how far you can enforce against the guarantors of former tenants.
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