The Practical Lawyer

Landlord and tenant – commercial

LTA 1954 – interim rent

If you act on behalf of T who is renewing a lease with LTA 1954 protection, it is important to consider the issue of interim rent (ie the rent that will be paid between the expiry of the existing lease and the start of the new lease).

Subscribers only...

Forfeiture – knowledge of breach

T was in arrears, so L served a statutory demand in respect of the arrears. Shortly afterwards, L presented a bankruptcy petition against T, but that was adjourned on several occasions. Subsequently, L became aware that T was in breach of various lease obligations.

Subscribers only...

Rent deposits – T in administration

Suppose T has paid a rent deposit that has been put in a separate designated account and charged to L (usually called the ‘charging form’). In that situation, can L access the rent deposit money if T goes into administration?

Subscribers only...

Insolvent T – L’s bank covenants?

The insolvency of T can have a direct impact on L’s financial arrangements. Indeed, non-payment of rent by T may mean that L is in breach of an interest cover covenant, or a loan-to-value covenant.

Subscribers only...

Rent – no apportionment

If a lease requires rent to be paid in advance, then T cannot apportion the final rent payment (unless the lease says otherwise). This is particularly important on the expiry of a lease – whether it be by passage of time, forfeiture, surrender, or exercise of a break clause.

Subscribers only...

Administrator – unlawful occupation?

On an insolvency administration, how do you balance the competing interests of L (who wants to enforce the terms of the lease) and the creditors (who want to maximise the business value)?

Subscribers only...

Administration – empty properties

As administration becomes more commonplace, it is important for Ls to be aware of the empty property rates implications of a property being occupied by a T in administration.

Subscribers only...

Repair – latent defects

The standard definition of ‘repair’ dates from Lurcott [1911]:

‘The restoration by renewal or replacement of subsidiary parts of a whole. Renewal, as distinguished from repair, is the reconstruction of the entirety, meaning by the entirety not necessarily the whole of the subject matter but substantially the whole of the subject matter.’
Subscribers only...

Virtual assignment – alienation breach?

A ‘virtual assignment’ is a side arrangement (not involving L) by which all the economic benefits and burdens of a lease are transferred without there being an assignment of the lease, and without there being a change of occupier.

Subscribers only...

Service charge – ‘promotion’ costs

It will often be in the mutual interest of both L and T for L to spend money promoting a large shopping centre or complex. Typically, shopping centre leases will contain provisions whereby ‘promotion’ costs form part of the service charge, but with L having to make a contribution in respect of such items. Indeed, the Trafford Centre in Manchester has just such a provision (with L having to make a 50% contribution).

Subscribers only...

Page 49 of 52

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
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... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


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