Recent Commercial Property
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FeatureA private function
In February 2023, the Supreme Court held that visual intrusion by the viewing gallery in the Tate Modern’s Blavatnik Building was a private nuisance against those living in a nearby block of flats. Joanna Williams and Joseph Skilton consider the impact of the verdict
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FeatureRent recovery
Now that the post-COVID-19 legislation introduced to deal with rent arrears no longer applies, Lucie Barnes revisits what the usual recovery methods are and considers the circumstances in which they are appropriate
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FeatureSearching for silver linings
Jess Harrold surveys the commercial property landscape in a time of political volatility and economic uncertainty
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FeatureCounting the cost
Lucy Trevelyan reports on the effect of the cost of living crisis – and other factors such as new government regulation – on the UK’s commercial property market
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FeatureMandatory rental auctions
In a significant shakeup to the high street, the government is proposing mandatory rental auctions. Michael Duncan considers the proposals and outlines how they might work in practice
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FeatureWork to live
Phil Parkinson outlines the complexities in the conversion of commercial premises for residential purposes, and what to consider when advising landlords
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FeatureIn on the act
The Commercial Rent (Coronavirus) Act will be published this month. Claire Hartley and Louise Day look at what’s in it and what it will mean for commercial rent arrears
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FeatureFreeports – state of play
A year has passed since the March 2021 budget day announcement of the first eight freeport locations. Kate Garcia considers what progress has been made since then and what we can expect to happen next
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FeatureEnergy efficient?
Minimum energy efficiency standards are changing. Jenny Doran outlines the implications for landlords of commercial properties
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AnalysisRecreational restrictions
Kate Andrews looks at the case of Bath Rugby Ltd v Greenwood and Others and Bath Recreation Ltd [2021] EWCA Civ 1927 regarding the enforceability of an historic restrictive covenant on a recreation ground.
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AnalysisCommercial service charges – when are they reasonable?
Kate Andrews looks at the case of Criterion Buildings Ltd v Mckinsey and Company Inc. United Kingdom and another [2021] EWHC 216 (Ch) concerning the apportionment of service charges by the landlord in relation to the Criterion Building at Piccadilly Circus.
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AnalysisRent suspension clauses and business lease renewals
Ben Tarrant considers the county court decision of WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH (April 2021), the first reported case looking at pandemic rent suspension clauses and business lease renewals.
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AnalysisChallenging claims of rent arrears post Covid-19
Kate Andrews looks at some novel defences to an application for rents payable under a lease of commercial premises in the case of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited [2021] EWHC 863 (Ch).
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FeatureCommon ground
Georgia Jones looks at some of the ways ground-sharing agreements can be used by sports clubs as a licence to share occupancy
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FeatureHigh hopes
The coronavirus (COVID-19) pandemic has devastated many UK industries – not least sections of the commercial property market. Lucy Trevelyan explores COVID-19’s lasting legacy for the sector and examines how it can evolve to survive
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FeatureDream machine
Nick Kirby and Tom Grogan provide an overview of developments in commercial proptech, including around machine learning, diligence, and the Internet of Things
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FeatureHead to head
Nikki Bensoor looks at how heads of terms are changing in the pandemic, and how the government’s Code for leasing business premises could support commercial lease negotiations
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AnalysisFriends with benefits? Identifying beneficial owners in complex structures
Kate Andrews considers a High Court case which involved identifying the beneficial owner of a property, so that a judgment debt could be enforced.
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FeatureRent concessions during the pandemic: considerations for commercial landlords
Following the government’s ban on evictions of commercial tenants during the pandemic, Peter Robinson looks at what commercial landlords should consider when making concessions on rent and service charge
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FeatureThe drinks business
Niall McCann and Richard Williams look at what property solicitors need to know when acting on transactions involving licensed premises where the tenant or owner is insolvent