The Practical Lawyer

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.
Subscribers only...

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.
Subscribers only...

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. 
Subscribers only...

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). 
Subscribers only...

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. 
Subscribers only...

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. 
Subscribers only...

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.
Subscribers only...

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

Page 1 of 53

Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
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...


IAG International
MSI Global Alliance
Join the IBA now!
In House Lawyer