Mansfield, J (2009) The service of notices by commercial property managers in England and Wales: Lessons for property and legal professionals. International Journal of Law in the Built Environment, 1(3), pp. 244-254. ISSN 1756-1450
Abstract
Purpose – The purpose of this paper is to critically review recent developments in the judicial approach to the preparation, service, and receipt of notices associated with the management of commercial property in England and Wales. It raises awareness of the range of problems that may be encountered in seemingly routine matters of language, and makes recommendations for practitioners in the form of a checklist of issues to be considered prior to issuing or responding to the various notices. Design/methodology/approach – The paper employs critical analysis of settled case law and associated professional commentary. Findings – The paper notes the speed with which the law continues to develop in these areas. In the light of this, it concludes that practitioners need to be far more aware of their obligations when serving or responding to the various forms of statutory or contractual notice than has hitherto been the case. The archaic language used in the drafting of leases is found to be a confounding issue, although it is demonstrated how this can be managed by paying close attention to critical detail. Originality/value – The paper combines an examination of the relevant legal principles with a commentary on contemporary practices in the commercial property sector in order to make practical recommendations for professionals in an important area of real estate consultancy work.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | case law; contract law; England; property management; Wales |
| Index terms: | lease, notices, England, contract law, case law, property management, real estate, drafting, routine, manager, consultancy, Wales, practitioner, commercial property, methodology |
| Subjects: | legal systems, technical documentation, real estate economics, practitioner, construction type, contractual role, organization, sociology, Geography, land economics, contract law, research methods |
| Topics: | Urban Studies, Legal Issues, Design Practice, Contract Administration, Organizational Design, Research Practice, Geographical Context, Construction Technology, Roles and Professions |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here