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Landlord and tenant – commercial

Obligation to trade – no specific performance

It is well established that a court cannot grant specific performance of a trading covenant (the HL decided the point in Co-op [1997]). Instead, L will have to rely on some other remedy – typically forfeiture plus damages.

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MEES – use a licence?

The Minimum Energy Efficiency Standard prevents L from granting a lease of commercial premises with an EPC of less than E (see our March/April 2018 issue).

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Telecoms Code – summary

The new Telecommunications Code came into force in December 2017 (and was extensively covered in our February 2018 issue).

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Performing rights – TheMusicLicence

The Performing Rights Society (PRS) and Phonographic Performance Limited (PPL) have formed a joint venture, so that businesses playing music in public can now obtain a single licence (‘TheMusicLicence’).

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GDPR – data rooms

If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents.

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CVAs – abuse

Many Ls take the view that the CVA (company voluntary agreement) regime is being abused by poorly performing retailers.

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Rent reviews – which index?

Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI).

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GDPR – property

Property clients should be aware that GDPR may apply in unexpected circumstances.

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L’s consent – collateral advantage?

T could not apply for planning permission without L’s consent (not to be unreasonably withheld). How was such a provision to be interpreted?

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CVAs – L’s position

As we noted in the May 2018 issue (p21) there is increasing attention on the position of Ls when a company voluntary arrangement fails.

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