The Practical Lawyer

Landlord and tenant – commercial

Covenants – third parties ‘benefit’

The Contracts (Rights of Third Parties) Act 1999 has proved to be a damp squib. Whilst it is an Act of enormous potential it has largely been killed off at birth by standard contractual clauses that exclude it from applying.

Subscribers only...

Parking – regs

As the number of vehicles increases each year, so the pressure on parking spaces grows. To what extent can L alter or change the parking arrangements, by introducing new parking regs for Ts?

Subscribers only...

SDLT – holding over

When a business lease expires, T will often remain in occupation whilst the new lease is being negotiated. But, many Ts do not appreciate that there may be an SDLT liability during this holding-over period.

Subscribers only...

Insurance – fitting-out

There can be insurance complications when T is doing fitting-out works to part of an existing building. For instance, suppose T has taken a lease of a floor in a large office block, and is about to enter into a Joint Contracts Tribunal (JCT) contract for the fitting-out works, which will involve some works to structural parts of the building.

Subscribers only...

Serviced offices – exclusion clause

The CA has upheld the validity of a wide-ranging exclusion clause in serviced office contracts offered by Regus:

‘We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third-party claims or any consequential loss.’
Subscribers only...

Lease renewal – no Pt 36 counter-offer!

An L who is involved in LTA 1954 lease renewal negotiations should avoid becoming involved in the pitfalls of CPR Pt 36.

Subscribers only...

Guarantee – pitfall

An assignment of a lease can lead to a long guarantee obligation for the assignor. If a post-1995 Act lease is assigned, the assignor may become a guarantor by virtue of entering into an Authorised Guarantee Agreement (AGA) if required by the lease.

Subscribers only...

Disclaimer – summary

When can an insolvent T disclaim its lease? The answer is that only a liquidator or trustee in bankruptcy can disclaim a lease. Thus, disclaimer does not apply if T is in administration, if a receiver has been appointed, or if there is a voluntary arrangement.

Subscribers only...

Double value – double rent

Do not confuse ‘double value’ with ‘double rent’. The entitlement to either can arise under 1730’s(!) legislation:

Subscribers only...

Rent – non-payment

We all know that the scope of distress is likely to be severely curtailed when Tribunals, Courts and Enforcement Act 2007 comes into force later this year. In any event, the usefulness of distress as a remedy always depends on the nature of T’s business (ie does he have sufficiently valuable assets to cover the rent? Does the stock and equipment actually belong to T – as opposed to being leased or being subject to retention of title clauses?).

Subscribers only...

Page 47 of 53

Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance