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Property Law Journal: 24 September 2012

Nitej Davda and Tom Evans review the obligations imposed on landlords by the 1988 Act when considering applications for consent to assign or sublet a lease

With property costs being one of the largest overheads any business has to contend with, the current economic climate has caused tenants of commercial property to look more closely at their requirements and, where possible, reduce the space they occupy. The tension between a tenant’s desire to get out of leasehold obligations and a landlord’s desire to retain an income stream can be seen from the number of recently reported cases on the operation of break clauses. Exercising a break clause may not always be possible, however, and in those circumstances an assignment or subletting may be a tenant’s best option.

Nabarro LLP

Katie Stoddart examines the motivations for amending current accounting practices and what the future holds

Lease accounting standards are in the spotlight following recent (and continuing) discussions between the US Financial Accounting Standards Board and the International Accounting Standards Board (IASB). Their combined aim is to overhaul Global current lease accounting practice.

EMW Law LLP

Giles Ferin argues that poor housing delivery may not just be the fault of delays in the planning system

On 10 September, the Home Builders Federation reported a drop in the number of planning permissions granted during Q2 to the lowest level since 2009. This was seen by some as supportive of the announcement made by the government last week to remedy the perceived problems in the planning system so as to stimulate the economy to recover from recession.

Are there still opportunities for property owners who want to generate their own renewable energy to take advantage of government incentives? Angus Evers and Juliet Munn investigate

Since April 2010, owners of both commercial and residential property who have installed equipment to generate their own renewable electricity have benefitted from government incentives in the form of the Feed-in Tariff (FIT) scheme, which pays small-scale renewable energy generators for the electricity they generate, even if that electricity is consumed on site. More recently, in March 2011 the government announced the introduction of the Renewable Heat Incentive (RHI) scheme, which pays producers of renewable heat a tariff for the heat they produce.

Boyes Turner

John Starr discusses a case where a common-sense approach prevailed

There has been a fair amount of discussion recently by industry commentators concerning global claims and concurrent delay. Both issues were raised in the recent case of Walter Lilly & Company Ltd v MacKay [2012].

Emma Humphreys and Andrew Francis assess a case where the court was required to interpret consents given in a 1967 conveyance

Rights of light are often an issue for property owners keen to preserve the value of their assets by protecting the right to develop. In the recent case of CGIS City Plaza Shares 1 Ltd v Britel Fund Trustees Ltd [2012], the court was asked to examine the extent to which successors to the original owner of a property were permitted to interfere with light received by the neighbouring property and the operation of rights to light arising as a result of coincidence between old and new apertures.