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Landlord and tenant – commercial

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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MEES – commercial property

It is already unlawful to grant a new lease of domestic property with an EPC of F or G. For a commercial property this will only apply as from April 2023. 
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Defective lease – ‘business efficacy’?

T had a business lease of cafe premises. But, the lease did not contain any provisions as regards repair of the exterior, or the interior plumbing and electrical installation. 
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Lease renewals – unopposed

Under LTA 1954, the process of renewing a tenancy is started by L or T serving between six and 12 months notice on the other. 
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CVA – subsequent liquidation

The BHS litigation has thrown up an interesting point on the effect of a CVA when that CVA is terminated by the company going into liquidation.
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Trustees – duty to beneficiaries
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Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
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. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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