The Practical Lawyer

Landlord and tenant – commercial

Guarantor – contracting out

The contracting-out regime allows L and T to agree that T will not have security of tenure. The process was simplified in 2004 and there is no longer any need for a court order (under the new procedure, L serves a warning notice, with T then signing or swearing a declaration in response).

Subscribers only...

Rent – monthly?

There has been much publicity about some retailers requesting monthly rather than quarterly, rent payments. Even if L is inclined to agree to this request there may well be documentation to be reviewed:

Subscribers only...

SDLT – five-year period

SDLT was introduced in December 2003. With leases, the general scheme was that SDLT would be paid on the basis of the rents in the first five years. But, the fifth anniversary can give rise to further SDLT payments (or even repayments). Accordingly, as from December 2008, these become important concerns.

Subscribers only...

Insolvency – pre-packs

Pre-packaged administration sales (pre-packs) have become controversial in recent times. In essence, a pre-pack is a sale of a company’s business and assets that is negotiated prior to the formal appointment of an administrator, with the idea that he then completes that sale immediately following his appointment.

Subscribers only...

SDLT – five-year period

As we noted in last month’s issue (p22), when SDLT was first introduced in December 2003, the general scheme was that SDLT would be paid on the basis of the rents in the first five years of a lease. But, the fifth anniversary can give rise to further SDLT payments, and accordingly December 2008 means that these potential complications now arise.

Subscribers only...

Rent reviews – s17 notices

Section 17(2) L&T (Covenants) Act 1995 applies to both old and new leases. It requires L to serve notice on a former T within six months of any arrears falling due:

‘The former T shall not be liable… to pay any amount in respect of any fixed charge… unless, within the period of six months beginning with the date when the charge becomes due, the L serves on the former T a notice informing him… that the charge is now due.’
Subscribers only...

Rent – which month?

Remember that T can allocate his rental payment to a specific rental period – and that may have unintended consequences for L if T is in arrears. Consider the case of Thomas [2006].

Subscribers only...

Lack of repair – LTA 1927

When a lease comes to an end, whether by forfeiture or termination, T will be liable to L for any want of repair. In principle, the damages recovered by L will be the cost of the necessary repair works.

Subscribers only...

Contracting out – ‘term of years certain’

LTA 1954 gives T a statutory right to renew its business tenancy at the end of the term. However, L and T can contract out of that right provided the tenancy is going to be for a ‘term of years certain’. Typically, this will be a fixed-term lease, or a fixed term with a break clause.

Subscribers only...

Page 49 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
MSI Global Alliance
Join the IBA now!
In House Lawyer