Recent Landlord and Tenant – Page 3
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AnalysisBrexit: a continuing cause of frustration?
Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.
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FAQLibrary FAQ: Where can I find precedents for break clauses for leases?
The Law Society Library discusses sources of precedents and commentary for break clauses for leases, and notices to determine a lease.
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FeatureThe green stuff
It is nearly a year since the minimum energy efficiency standard regime came into force. Sue Highmore reflects on its effect on residential clients – including the financial impact – and outlines changes coming into force on 1 April 2019
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FeatureThe best intentions
The recent case of S Franses Ltd v The Cavendish Hotel, which hinged on whether the landlord had the intention of redeveloping a property, has significant implications for commercial landlords and tenants. Kate Andrews explains
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FeatureTaking charge
From April, new regulatory requirements for service charges for commercial property will come into force. Warren Gordon outlines the changes, and what they mean for existing leases
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NewsLaw Commission releases consultation on the right to manage
The government has asked the Law Commission to review the right to manage (RTM) legislation to make it simpler, quicker and more accessible, particularly for leaseholders. Find out more, including about how to get involved
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NewsIFRS 16 and its impact on real estate leases
A change introduced on 1 January 2019, makes significant changes to lease accounting for affected commercial tenants, which is likely to influence the length of leases taken by tenants in future and impact tenants’ earnings and liabilities, with consequential effect on covenant tests
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FeatureAfter the fire
Following the Grenfell fire, freeholders and leaseholders are facing significant difficulties in ensuring their homes are safe and that defective cladding is replaced. Oliver Pannell provides an update on the government’s response and recent case law
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FeatureSupport system
Russell Hewitson, chair of the Conveyancing and Land Law Committee, provides an update on the committee’s work representing and supporting the profession, including around leasehold, fraud and the electronic execution of documents
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OpinionCleaning house
The government has turned its eye to change in the residential housing sector, from ensuring sufficient supply, to addressing escalating ground rents. Warren Gordon explains
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FeatureDevolution evolution
Michael Draper outlines some of the unique law – both existing and on the horizon – in Wales, as it relates to property, including potential new developments around vacant sites and residential lettings
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AnalysisIn need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
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FeatureThe green light
From April 2018, new regulations will make it significantly harder for landlords to rent property with an energy efficiency rating below ‘E’. Warren Gordon looks at the lease drafting implications, and potential exemptions from the new requirements
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FeatureIn the know
The leasehold system is facing increasing criticism. One of the key issues is getting information to potential buyers and helping them understand it. Peter Rodd looks at what’s gone wrong with leasehold, and the role of conveyancers in the flow of information
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FeatureFit to break
Danielle Drummond-Brassington and Natalie Appleby outline some simple practice points to help you avoid the pitfalls around exercising break options in commercial leases
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FeatureOn the agenda
Professor Nick Hopkins, and research assistants Chris Pulman, Rachel Preston and Thomas Nicholls, highlight the property law coming under review by the Law Commission as part of its 13th Programme of Law Reform
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FeatureHigh street lows
Every week seems to bring news of another major retail chain in financial crisis. Ambuja Bose and Georgina Eason look at the practical impact on commercial landlords of having an insolvent or potentially insolvent tenant
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FeatureBreaking ground
Escalating ground rents have been headline news in recent months. They can make a property not only unaffordable, but also potentially unsaleable. Lucy Barber explains how enfranchisement could help, and outlines the legislation
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OpinionFrom the ground up
In September 2017, Warren Gordon became the new chair of the Property Section. In his first comment piece, he provides a personal perspective on leasehold ground rents
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FeatureRinging alarm bells
A number of recent cases around vacant possession have addressed some interesting issues which fall outside standard definitions. Is vacant possession given up if the tenant did not return keys or left an alarm on at the premises? Nicholas Taggart considers