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Lewison's Drafting Business Leases
Lewison's Drafting Business Leases
8th Edition
Practice Area:  Landlord & Tenant
ISBN:  9780414024984
Published by:  Sweet & Maxwell
Publication Date:  21 Feb 2013
Format:  Paperback
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Lewison’s Drafting Business Leases is an ideal companion for all property practitioners whether drafting, negotiating, interpreting or litigating commercial lease clauses in the current market.

If you’re a lease draftsman, you’ll find the new edition addresses the key issues during drafting and negotiation with a practical approach. Contentious issues that can arise, or that you should consider, are focused on, as well as examining drafting concerns from both landlords’ and tenants’ perspectives.

For litigators on lease renewal and in contractual disputes, you’ll have an adviser’s guide to the considerations behind the drafting, and to the lessons the case law teaches on lease interpretation.

The text is complemented by specimen clauses which offer drafting solutions to difficult problems.

  • User-friendly manual combining authoritative legal analysis with practical drafting solutions
  • Explains the recent legislative and case law developments
  • Reflects both landlords’ and tenants’ concerns and respective bargaining positions
  • Highlights the most contentious topics making clear what will be the focus of negotiations and likely dispute
  • Gives direction on the court’s approach on interpretation
  • Provides guidance on drafting, including sample clauses, to help ensure leases accurately represent clients’ interests
  • Clarifies what must be included and what each clause entails
  • Explains and applies relevant Codes of Practice

What's New

The new 8th edition is comprehensively revised and updated reflecting recent topical issues, including:

  • Interpretation re-visited
  • Making the most of airspace – Feed in Tariffs, etc
  • Break clause compliance
  • Rent review and turnover rent
  • Virtual assignments
  • The impact of competition law on user and assignment
  • Guarantors AGAs and releases
  • Green leases and understandings
  • The Service Charge Code and current trends

Recent case law within the 8th edition includes:

  • Boots UK Ltd v Trafford Centre [2008]
  • Newham LBC v Thomas - Van Staden [2009]
  • Heronslea (Mill Hill) Ltd v Kwik Fit Properties Ltd [2009]
  • Clarence House Ltd v National Westminster Bank Plc [2010]
  • Good Harvest Partnership LLP v Centaur Services Ltd [2010]
  • NYK Logistics (UK) Ltd v Ibrend Estates BV [2011]
  • K/S Victoria Street v House of Fraser [2011]
  • Taylor v Lambert [2012]
  • PCE Investors Ltd v Cancer Research UK [2012]

Features and Benefits

  • Provides a comprehensive and authoritative resource for drafting commercial leases that meet your client’s needs
  • Helps you draft leases containing the right clauses to get your clients the best possible deals
  • Addresses the contentious issues that arise on preparing, and understanding, a business lease so you’ll know which areas will be the focus of negotiations and potential dispute
  • Provides a key resource to understand and advise on lease interpretation
  • Helps litigators and advisers see the issues behind the drafting
  • Clarifies what must be included and what each clause entails which means that you’ll be certain which clauses to put in, why those clauses have been put in, and the implications of each clause for the client
  • Provides guidance on drafting along with sample clauses So you can ensure the lease represents your client’s interests
  • Written by Janet Bignell, a barrister at the leading property set Falcon Chambers. Lord Justice Lewison, General Editor of Woodfall: Landlord & Tenant, is the consultant editor for this title
  • Gives you confidence when drafting to know that you have guidance from the top specialists in L&T law
CONTENTS
  • The interpretation of leases
  • Formal requirements and registered leases
  • Description of property
  • Parties and covenants
  • The term of the lease
  • Rent and rent review
  • Insurance
  • Service charges
  • Repairs and Improvements
  • Use of the demised property
  • Green leases and understandings
  • Assignment and sub-letting
  • Statutory protection
  • The liability of sureties
  • Forms
CONTRIBUTOR INFORMATION

Janet Bignell QC is a barrister with 20 years’ specialist experience advising and litigating about commercial leases at the top ranked property set, Falcon Chambers.
Her other publications include Registered Land: Law and Practice under the Land Registration Act 2002 (co-author).  She is an editorial board member of the Landlord and Tenant Review.

The Consultant Editor Lord Justice Kim Lewison practised at the Bar of England and Wales for over 25 years. He was appointed a judge of the Chancery Division in 2003 and was appointed as a Lord Justice of Appeal in October 2011. He is also the General Editor of Woodfall on Landlord and Tenant and the author of The Interpretation of Contracts.
 

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REVIEWS
"Should be made compulsory reading for all would-be commercial conveyancers and even the ost experienced will learn something from it." - The Law Society's Gazzette
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