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Landlord and tenant – commercial

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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Notice – check the lease!

If a notice has to be served in relation to a lease then ensure that you do actually check the precise notice provisions within the lease.

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Rent reviews – drafting

A few points on drafting rent reviews, especially in the context of indexed rents:

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LTA 1954 – unopposed lease renewal

This table summarises the steps to be taken when advising L on an unopposed lease renewal (ie L has served notice under s25 LTA 1954).

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CVA – restaurant licence

If a restaurant goes into a CVA, and there is a premises licence, then care needs to be taken to ensure the licence does not lapse. 
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CVAs – L’s position

As the high street suffers, so more shops close down, and retail businesses get into financial difficulties. 
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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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