The Practical Lawyer

Landlord and tenant – commercial

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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Security – GDPR

Ls should bear in mind that the installation of CCTV (eg in the common parts, or a carpark) may have GDPR implications. 
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Title insurance – T endorsement

Title insurance will usually be taken out by L, and provide cover for L if a title defect causes problems. But what about T?
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Service charges – RICS

The provisions of the RICS Code of Practice on service charges were significantly beefed-up earlier this year (see our March/April 2018 issue, p21).

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Lease renewal – EPC needed?

There has been much publicity given to the Minimum Energy Efficiency Standards, and we have covered them extensively within The Practical Lawyer.

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