The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

CVA – use to reduce rent

 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the retail sector on the high street as a means to try to reduce the cost of expensive leases to enable them to continue trading. CVAs have been used to force a rent reduction, without similar cuts to other creditors. Debenhams attempted to compromise its liability for future rent and business rates using a standard model retail CVA – this was challenged by six of its Ls. They argued that the use of the CVA to effectively reduce rent was unfair and outside the jurisdiction of insolvency law. The HC rejected this view. It is thought that the failure of the challenge to the Debenhams CVAs may lead to an increase in their use in the retail sector.
Subscribers only...
 

Brexit frustration – update

We reported in our April 2019 edition (p27) on the interesting case where the HC had to consider whether potential departure by the UK from the EU was sufficient to satisfy the legal meaning of frustration – so would Brexit allow a party to avoid a contract or a lease?
Subscribers only...
 

LTA 1954 – validity of contracting out

The HC has heard a case concerning a number of leases entered into by The Fragrance Shop and the validity of the procedure for contracting those leases out of Part II of LTA 1954.
Subscribers only...
 

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.

Subscribers only...
 

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.
Subscribers only...
 

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’.

Subscribers only...
 

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.

Subscribers only...
 

CPSEs – new versions

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

Subscribers only...
   

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.
Subscribers only...
 
  • «
  •  Start 
  •  Prev 
  •  1 
  •  2 
  •  3 
  •  4 
  •  5 
  •  6 
  •  7 
  •  8 
  •  9 
  •  10 
  •  Next 
  •  End 
  • »


Page 1 of 54

Most-read articles

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

Resources

IAG International
www.totallylegal.com
In House Lawyer
MSI Global Alliance
Join the IBA now!