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Landlord and tenant – commercial

Air space and ground below - common parts

UKUT has held that leases of the airspace above and ground below a leasehold block of flats must be classed as common parts of the building and were able to be acquired.

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Mutual enforcement – summary

We reported in our March 2019 edition (p27) on the case of Duval [2018] in which the CA held that L would be in breach of a lease covenant to enforce T’s obligations against other Ts if it granted a licence to carry out a prohibited action.
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RV – can demand be assumed?

To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to establish ‘the rent at which it is estimated the hereditament might reasonably be expected to let from year to year’.

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MEES non-domestic rentals – reminder

The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private rented property, affecting new tenancies and renewals since 1 April 2018.

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CPSEs – new versions

The Commercial Property Standard Enquiries (CPSE) have been updated.

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Service charges – recovery of more than 100%?

We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019.
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Business rates avoidance scheme – valid

One of the perceived reasons for the difficulties experienced on the high street is the payment to local authorities of business rates. 
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Most-read articles

Air space and ground below - common parts
Monday, 16 September 2019
UKUT has held that leases of the airspace above and ground below a leasehold block of flats must be classed as common parts of the building and were able to be acquired. Read more...
Buyout obligation - not triggered until price determined
Monday, 16 September 2019
The CA has reached a common-sense decision in relation to buying out an outgoing partner's share. The case involved a family-owned agricultural partnership agreement which provided that on retirement... Read more...
Client care letters - SRA guidance
Monday, 16 September 2019
The new codes of conduct for solicitors and firms come into force on 25 November 2019. The SRA is releasing guidance on various aspects of the new standards and regulations and has recently made... Read more...
Consumer Contracts Regulations - a reminder
Monday, 16 September 2019
In its guidance on client care letters, the SRA reminds us in passing that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require legal services providers... Read more...
Eviction of squatters - what are the options?
Monday, 16 September 2019
Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a... Read more...
Experts - joint statement
Monday, 16 September 2019
CPR 35.12 provides for discussions between experts. These are not obligatory unless directed by the court, but such direction may be given at any stage of the proceedings. The object of the... Read more...
HMLR plans - defects
Monday, 16 September 2019
HMLR PG40 contains various supplements detailing the requirements in relation to plans accompanying HMLR applications. Supplement 2 (guidance for preparing plans) has been updated to state that: Read more...
Letting agency - masquerading as membership club
Monday, 16 September 2019
A London trading standards team recently prosecuted a director of a company for setting up what was described as a member's club, but which in reality was a lettings agency. The purpose of such was... Read more...
Philosophical belief - scope extended?
Monday, 16 September 2019
The Equality Act 2010 provides protection against discrimination based on nine characteristics, one of which is any religious or philosophical belief. Not all religions or beliefs are covered by the... Read more...
Pleadings - third party enquiries
Monday, 16 September 2019
The CA has recently considered the scope of CPR r16.5 which prescribes that: Read more...

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