The Practical Lawyer

The Electronic Communications Code is a stand-alone piece of legislation which does not sit comfortably with the commercial lease provisions of LTA 1954.

The importance of giving accurate replies to the standard enquiries under the Standard Commercial Properties Conditions is illustrated by a recent case.

Section 17 Landlord and Tenant (Covenants) Act 1995 imposes a six-month time limit for claiming ‘fixed charges’ from a former T or guarantor. If L misses the deadline for serving an s17 notice, then the former T or guarantor cannot be held liable for the fixed charge. That six-month period runs from the date when the fixed charge became due.

 It has become well established in recent years that T will only have to pay dilapidations if L actually intends to carry out the necessary repairs. However, the Scottish CA has recently reversed this approach, upholding a lease provision that allowed L to recover dilapidations without showing that it would actually carry out the work. This was because the money would be paid under a payment clause rather than a damages clause.

 Under LTA 1954, when T’s lease expires, T has a right to a new lease of the premises originally demised, which T actually occupies for the purpose of its business.