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Landlord and tenant – commercial

Disclaimer – effect on AGA?

It is well-known that a liquidator can disclaim any ‘onerous property’, including a lease. But, what is the effect of that disclaimer on any guarantor and, in particular, on the enforceability of an Authorised Guaranteed Agreement (AGA)?

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TUPE – leases

Many practitioners do not think of TUPE in the context of commercial leases. But, it is important to appreciate that the grant, assignment or termination of a lease will often result in a change of service provider, in which case TUPE can apply.

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Administration – pre-pack

Under a pre-pack a company goes into administration and then its assets are sold immediately. The documentation will usually say that the leases will be transferred to NewCo following the grant of L’s consent, but it will be up to NewCo to get that consent.

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Rent – monthly payment

Many Ts of retail premises are asking to pay their rent monthly (rather than quarterly).

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Virtual assignment – alienation breach

Virtual assignments are common in large corporate transactions. For instance, if a seller has dozens of leasehold properties it may not be practical to apply for consent to assign each property before completion of the deal.

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Distress – not abolished

The Commercial Rent Arrears Recovery regime was intended to replace the ancient remedy of distress.

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Insolvency – L’s remedies (2)

This table summarises L’s remedies when dealing with a corporate (not individual) T.

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Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
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From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
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To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
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Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
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If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
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A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
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GDPR impacts on the giving of references: Read more...

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