The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

Holding over – T’s status

Suppose a lease is contracted out of LTA 1954 (ie T has no security of tenure). If T remains in occupation then status can be any one of the following four: 

Subscribers only...
 

Concurrent lease – what is it?

Are you entirely sure that you know what a concurrent lease is? This note (from Forsters) looks at a real-world example:  

Subscribers only...
 

Business tenancy – redevelopment

’Redevelopment’ is one of the grounds on which L can oppose T being granted a renewal tenancy under LTA 1954. Under s30(1)(f) L can oppose renewal if L:

Subscribers only...
 

Arrears – debt proceedings

A new pre-action protocol will apply to debt proceedings against individuals (including sole traders) from 1 October 2017. In practice, this will make it more time consuming for Ls to recover rent arrears owed by individual Ts.

Subscribers only...
 

Business tenancy – continuation tenancy

If a business T remains in occupation at the end of its contractual tenancy, then it will have a statutory ‘continuation’ tenancy under s24 LTA 1954. This is a common law tenancy on the same terms as the previous tenancy, but with the right to apply to the court for a renewal tenancy.

Subscribers only...
 

Surrender – consents?

A recent case involved a surrender of a lease and sub-lease. But, L had charged his freehold and the consent of L’s mortgagee was not obtained. The end result was that the surrender was ineffective. Thus, T (and its guarantor) remained liable.

Subscribers only...
 

Lease or licence – co-working

This is a perennial question: how do you tell a lease from a licence? The starting point is to say that no factors are conclusive but:

Factors indicating a lease:

Subscribers only...
 

Pop-ups – AppearHere

AppearHere is an online market place linking Ls who have available temporary space with potential occupiers (in essence, Airbnb, but for retail space). All L needs to do is fill in a form online to list available space, and then enter into a licence agreement (provided by AppearHere) if a suitable occupier is found.

Subscribers only...
 

L’s works – quiet enjoyment?

L may want to carry out works to other parts of the building, but yet find that T complains that the disturbance is a breach of T’s entitlement to ‘quiet enjoyment’.

Subscribers only...
 

MEES – timetable

Minimum Energy Efficiency Standards mean that Ls with properties with an EPC rating of less than ‘E’ will have to carry out works to improve the energy performance of the building in order to let, or continue letting, the building.

Subscribers only...
 


Page 2 of 48

Most-read articles

Resources

IAG International
In House Lawyer
Join the IBA now!
www.totallylegal.com
MSI Global Alliance