Recent Landlord and Tenant – Page 5
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FeatureLicence to bill
An existing client comes to you with a big idea: to buy a pub. You want to take the work, but should you? Tariq Philips looks at how to make the decision, how to quote for the work, and some of the unusual elements of transactions to purchase licensed premises
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FeatureCheck, please
Sarah Ellison and Eleanor Murray outline the new ‘right to rent’ checks, introduced by the Immigration Act 2014, and explain what landlords, agents and those subletting need to do to comply
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FeatureProperty case law update
Lucie-Anne Rhodes, a Solicitor at Hamlins LLP, provides an update on some recent cases and legislation changes affecting the property sector.
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
Nick Levy, real estate litigation partner at Trowers & Hamlins, discusses the last chapter in the long-running Marks & Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause
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FeatureGive and take
Catherine O’Donnell and Justine Compton provide an update on recent legislative changes affecting possession claims by landlords, and the protections afforded to tenants
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AnalysisChalet or chattel?
In Spielplatz Ltd v Pearson, the Court of Appeal had to decide whether a chalet was a chattel or had become part of the land on which it was situated. Peter Reekie explains
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FeatureHelping hands
Buy-to-let has experienced a boom in recent years, but it remains a market in flux, with yet more changes announced in the budget. So how should you advise first-time buy-to-let buyers to help them make the best choices? We present the solicitor’s, agent’s and accountant’s perspectives
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AnalysisCommercial sense? Arnold v Britton and service charges
The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase
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AnalysisSpotlight: Arnold v Britton [2015] UKSC 36
In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains
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FeatureShort notice
Warren Gordon outlines important recent changes on rent deposits for pre-6 April 2007 assured shorthold tenancies in England and Wales
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AnalysisAll change for landlords' repairing obligations?
Peter Reekie considers a case which addresses the extent of a landlord’s repairing obligations where only part of a building is let
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AnalysisSpotlight: Edwards v Kumarasamy
The Court of Appeal’s recent interpretation of section 11 of the Landlord and Tenant Act 1985 has broadened the repairing obligations of landlords
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FeatureAfter the fall
The recent bolt failure at the Cheesegrater building in London raises the issue of liability for building defects. Richard Stapylton-Smith and Paul Taylor examine the key considerations, and how owners and landlords can keep buildings commercially attractive for tenants
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FeatureModel behaviour
The new Model Commercial Lease is designed to simplify and speed up investment-grade commercial lease negotiations, for both landlords and tenants. Dion Panambalana explains what the lease contains and excludes, and how it will work in practice
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AnalysisThe end of the Dolphin Square saga?
In Westbrook Dolphin Square Ltd v Friends Life Ltd, we consider the validity of a scheme that was partly designed to facilitate an enfranchisement claim under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
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AnalysisTindall Cobham 1 Ltd v Adda Hotels (an unlimited company)
The Court of Appeal considered the construction of covenants against assignment contained in leases, and their interaction with the provisions of the Landlord and Tenant (Covenants) Act 1995
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AnalysisGiving a guarantee on an intra-group transfer
Tindall Cobham 1 Ltd v Adda Hotels shows that it is possible to apply the principles of construction to save the valid elements of a covenant by pruning away the bad sections
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FeatureChecking it out
The Immigration Act 2014 introduces a raft of substantial changes to UK immigration law. Bethan Owen looks at the new requirements for landlords
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FeatureIn the end
With the economy slowly recovering, the negotiating strengths of commercial landlords and tenants in lease renewal negotiations are changing. Nic Maunder Taylor provides a beginner’s guide to the issues for landlords, tenants, and their advisers