The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

Insurance – ‘premises’ or ‘building’?

The general rule is that if there is a fire, then L’s insurance will be for the benefit of both L and T.

Subscribers only...
 

CVAs – the basics

CVAs have been in the news: a reminder of basic principles.

Subscribers only...
 

Assignment – from A+B to B?

Suppose A and B are joint tenants of a ‘new’ lease (ie a lease granted since LCTA 1995 came in to force). Can A and B jointly assign the lease to B? Alternatively, can they jointly assign it to B+C? The answer in both instances is almost certainly ‘no’ – even if A enters into an AGA guarantee.

Subscribers only...
 

Lease or licence – the reality?

The traditional legal test for whether there is a lease or a licence is to decide whether or not the occupier has ‘exclusive occupation’. But it is important to remember that it is the reality of the situation – not the label used on the documentation – that decides the issue.

Subscribers only...
 

Licence – no oral modification

A licence of office premises said ‘all variations to this licence must be agreed, set out in writing, and signed on behalf of both parties before they take effect’. The validity of that ‘no oral modification’ clause was upheld by the Supreme Court. Accordingly, T’s argument that L had verbally agreed to alter the schedule of rent payments was dismissed. See the July/August 2018 issue, p20.

Subscribers only...
 

Energy efficiency – reassessment by T?

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 April 2023.

Subscribers only...
 

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.

Subscribers only...
 

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).

Subscribers only...
 

Telecoms Code – summary

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

Subscribers only...
 

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’).

Subscribers only...
 


Page 3 of 54

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

Resources

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