Recent Landlord and Tenant – Page 6
-
FeatureSign your name
The Leasehold Reform (Amendment) Act 2014 makes a single, yet important, change to how notices of claim in relation to lease extension and collective enfranchisement can be signed. Richard Bagwell explains
-
FeatureNuisance act
The Anti-social Behaviour, Crime and Policing Act 2014 reforms the remedies available to tackle with anti-social behaviour, including the introduction of injunctions to prevent nuisance and annoyance. Jane Plant looks at the key provisions impacting landlords and tenants
-
FeatureBreaking up
Paul Clark provides a round-up of recent cases related to commercial landlord and tenant law
-
AnalysisUnoccupied properties: tax liabilities
Peter Reekie looks at two recent cases which deal with different possible arguments for potentially avoiding liability for rates on unoccupied properties
-
AnalysisSpotlight: Martin Retail Group Ltd v Crawley Borough Council
The Central London County Court has held that a permitted use restriction in a lease breached competition law and was therefore unenforceable.
-
Analysis
Lie v Mohile
The Court of Appeal held that a court was wrong to find that a partnership between two medical practitioners had terminated and, accordingly, that an application for a new business tenancy had failed.
-
Analysis
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been ...
-
FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
-
FeatureEnergy bar
Prospective legislation in the Energy Act 2011 could mean that from April 2018 landlords cannot let environmentally inefficient properties. Karin Horsley and Joanne Anderton outline the steps to take now
-
FeatureLease and bounds
Late last year, the Law Society responded to the Law Commission’s consultation on areas of landlord and tenant law in need of reform. Warren Gordon outlines two of the issues in our response, on guarantees and contracting out
-
AnalysisSpotlight: Marks & Spencer v BNP Paribas
The Court of Appeal has overruled an earlier High Court decision that would have allowed Marks & Spencer to claim back over £1 million in rent and other charges.
-
Analysis
Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust Ltd
The claimant tenant issued proceedings to restrain the defendant trust from consenting to substantial development, allegedly interfering with its right to quiet enjoyment under its lease. The judge dismissed the application and the claimant appealed.
-
Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.
-
AnalysisThe Siemens case and the wording of break clauses
Peter Reekie looks at the Siemens Hearing Instruments Ltd v Friends Life case, which related to the position in respect of wording in a break clause, that had no apparent purpose
-
Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.
-
Analysis
Bywater Properties Investments LLP & Ors v Oswestry Town Council
Construing a rent review clause in a 1960s lease.
-
FeatureGreat distress
April sees the introduction of commercial rent arrears recovery, replacing the common law remedy of distress. But the new regime is significantly more limited in scope, and could spell real problems for commercial landlords. Warren Gordon explains
-
FeatureLease is the word
Residential leasehold law can sometimes be a complex area of the law to navigate. Anthony Essien explains how the Leasehold Advisory Service can help guide leaseholders, landlords and lawyers alike
-
FeatureFirst place
The old, much criticised leasehold tribunal system was replaced last summer by the new Property Chamber of the First-Tier Tribunal. Michael Donnellan explains the key differences and practical points for landlord and tenant solicitors
-
Analysis
Spencer v Taylor
The Court of Appeal has considered what type of section 21 notice should be given to end an assured shorthold tenancy.