The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

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...
 

Possession proceedings – then rent action?

L successfully brought possession proceedings against T. Having done so, L then started a new claim to recover mesne profits. T responded by arguing that both claims were based on the same cause of action (ie trespass), and that the first action (ie for possession) effectively extinguished that cause of action (under the doctrine of merger). In effect, T says L has already got judgment, and that any subsequent claim is merged with the original claim, and so must be struck out.

Subscribers only...
 

Sub-T – request for new tenancy

The High Court has clarified the rules on service of notices (under LTA 1954) by sub-Ts requesting a new lease.

Subscribers only...
 

Assignment – assignee’s application?

If a business is being sold, especially following insolvency, it is not unusual for the parties to agree that the prospective assignee applies to L for consent to assign. If there has been insolvency, the administrators will want to drop out of the picture as soon as possible to save on costs, and in practical terms the buyer will be best placed to deal with the application.

Subscribers only...
 

Variation – or surrender?!

Variations can be a handy way of changing the obligation between L and T. But, if you are not careful a deed of variation can unintentionally change the terms of the lease in such a fundamental way that the law deems the lease to have been surrendered – with the parties granting a new lease on identical terms save for the variation (ie it becomes a surrender and grant, rather than a mere variation).

Subscribers only...
 

Property guardians – assured shorthold!

Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a relatively cheap rent.

Subscribers only...
 

Side letter – penalty

L and T will often agree a ‘side letter’ that gives T a better deal than set out in the lease. In effect, there are some concessions that are personal to T. Frequently, this will be a rent concession (giving T a lower rent to pay, but allowing L to claim that the property was let at a higher headline rent).

Subscribers only...
 

Service charge – repair or improvement?

L may only include costs in the service charge to the extent that they are ‘reasonable’ (ie the costs were ‘reasonably’ incurred; and the works are of ‘reasonable’ standard). See s19(1) LTA 1985.

Subscribers only...
 

Service charges – on account

A recent Upper Tribunal decision has confirmed some basic principles about demanding service charge payments on account:

Subscribers only...
 

Consultation – long-term agreements

There are special service charge consultation rules for ‘qualifying long-term agreements’ (s20 LTA 1985). If L fails to consult properly, then the recoverable service charge is capped at £100 per dwelling pa. But, there are pitfalls for developers in these long-term agreement rules which apply to a letting by L for a term exceeding 12 months:

Subscribers only...
 


Page 4 of 49

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

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