The recent case of Martin Retail Group Limited v Crawley Borough Council has indicated how the requirements of competition law may be applied by courts to retail leases which include provisions that restrict the use of a property....
A brief look at the commercial requirements and the legal aspects a pop-up tenant looks for and needs to consider when choosing premises....
Landlords and tenants will welcome a recent change in HMRC policy on the application of VAT to the surrenders of leases....
Rule changes from 1 April 2014 could have serious effects for commercial property owners....
A recent case in the Court of Appeal (Simon v Byford and others [2014] EWCA Civ 280) reviewed the test of capacity for those seeking to make a Will. The Court of Appeal drew a clear distinction between capacity and memory. It held that the test for capacity depended on the potential capacity to understand, rather than memory, and stated that the test for capacity did not extend to unknown or unintended consequences of testamentary dispositions...
The Court of Appeal has very recently considered circumstances where a Landlord was opposed to the renewal of the Lease protected by the Landlord and Tenant Act 1954 on the basis of disrepair and breaches of covenant. The case in question is Youssefi v Mussellwhite [2014] EXCA Civ 885....
The recent Judgment in the Upper Tribunal (Lands Chamber) case of Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC) is a decision that will be of interest to landlords and tenants....
A recent Supreme Court case, Marley v Rawlings ruled for the first time at the highest judicial level on the circumstances under which a will may be rectified pursuant to s20(1)(a) of the Administration of Justice Act 1982...
The question of whether publicly-owned land can be registered as a town or village green has been clarified by the recent Supreme Court decision in R (Barkas) v North Yorkshire County Council which has stated that the previous decision in R( Beresford) v City Of Sunderland [2003) should no longer be followed....
Break clauses have been making the legal news for several years. Many modern leases contain rights for the tenant to break the lease early, reflecting the increasing requirement of tenants for flexibility. However many older break clauses are drafted very restrictively, making them difficult to operate. A break clause will normally require payment of rent up to the break date, but may also require compliance with other covenants in the lease. This has led to many cases where the landlord and the tenant have ended up arguing about whether the break clause has been effectively operated. Of course in such circumstances the value of the break clause may be very substantial and make it worthwhile for the parties to engage in legal action to resolve the position...
The Energy Act 2011 contains prospective legislation relating to energy efficiency in commercial buildings (and residential buildings) which threatens to have a significant impact on the property market...
The government recently went ahead with its proposal to significantly increase the fee charged by probate registries for issuing grants and sealed copies of grants....
Difficulties can arise when a business tenant remains in occupation of a property when its right to do so has come to an end. This may be because the tenant has a lease that does not carry protection under the Landlord and Tenant Act 1954 ("the Act") and the lease has expired. Alternatively the lease may be protected by the Act, and, following service by the landlord of a Section 25 notice terminating the tenancy, the tenant has not taken any steps to issue a claim for a new lease or extend time for doing so. Often when a tenant remains in occupation it is because negotiations for a new lease are ongoing, but there is a risk that, if the situation is not resolved promptly, the parties can find themselves with an implied periodic tenancy. The legal status of the tenant will always depend on the specific circumstances of each case, but the key factors the courts will look at are whether rent is being paid and accepted, and whether the parties are actively engaged in negotiations for a new lease...
Commercial Rent Arrears Recovery (CRAR) is a method of enforcement to recover rent arrears relating to commercial property, which comes into force on 6 April 2014. From that date, it may only be used for commercial property and the common law right of distress is abolished. Prior to 6 April 2014 the remedy of distress is the correct procedure to use....
The ongoing floods, following the wettest winter on record, have affected almost everyone in some way and have dominated the headlines over the past few weeks. This crisis has come against the backdrop of an already challenging situation with regard to insurance for properties in areas liable to flood....
The purpose of a condition against letting a property without the consent of the mortgagee is to protect the mortgagee`s security, and to ensure that it is not burdened with an unsatisfactory lease....
The situation that arises where a tenant remain in occupation after the term of the lease has expired can be complicated, particularly where the lease is not a protected lease and is excluded from the renewal provisions of the Landlord and Tenant Act 1954. Where leases are protected, the statutory framework makes the position very clear....
Since 13 October 2013, changes to the status of chancel repair liability as an "overriding interest" means that there are certain implications for those owning and/or purchasing property:...
The Community Infrastructure Levy (CIL) was introduced on 6 April 2010 and enables local authorities within England and Wales to raise funds from developers undertaking building projects within its area. The funds are used to implement infrastructure to support development within the area. The CIL is a set tariff, subject to public consultation and examination....
The recent economic climate has seen a growth in empty commercial premises; some of which remain empty for quite some time. The changes to the business rates regime introduced in 2008 mean that property owners must now pay business rates even on empty properties. It is hardly surprisingly that landlords have been seeking to find ways to minimise the impact of this harsh reality. Charities (who qualify for business rates relief) have been able to enjoy the opportunity to utilise some of these empty property thus relieving the landlord of the burden of empty property business rates. Some initiatives have however caused problems and some recent case law shows how local authorities are aggressively challenging some schemes, potentially saddling the charities involved with a substantial business rates bill....