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Landlord and tenant – commercial
   

Ground rent – potential liability

A recent High Court case reminds Ls of the potentially very expensive consequences of ground rent income acquired for a fairly modest premium.
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Expert’s decision – ‘final’

Lawyers drafting commercial leases should carefully consider the terms of the rent review provisions in relation to the scope of any expert’s determination.
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LTA54 – redevelopment must be real intention

LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into. 
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CRAR – seven days’ notice

The right to distrain for rent arrears was abolished by statute and replaced by CRAR (commercial rent arrears recovery) in 2014. CRAR gives a statutory right to recover rent arrears similar to distress (ie seizing T’s goods and selling them in satisfaction of the arrears). 
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Pre-contract enquiries – mis-representation?

Prior to taking a lease of a warehouse, T raised pre-contract enquiries with L regarding environmental problems. L stated it had not been notified of any actual, potential or alleged breaches of environmental law. 
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Refusal of consent – unreasonable?

The T of a long lease of a mixed-use building wished to change the use of the first and second floors to residential. The lease expressly permitted residential use but L’s consent was required for any planning application. 
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RICS – service charges

We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019.
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Forfeiture – effect of CRAR?

Where there is a ‘once and for all’ breach of a T covenant (eg non-payment of rent) L has to choose their remedy carefully. 
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Contract – implied terms
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The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
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How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
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A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

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