The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

Variation – or surrender?!

Variations can be a handy way of changing the obligation between L and T. But, if you are not careful a deed of variation can unintentionally change the terms of the lease in such a fundamental way that the law deems the lease to have been surrendered – with the parties granting a new lease on identical terms save for the variation (ie it becomes a surrender and grant, rather than a mere variation).

Subscribers only...
 

Property guardians – assured shorthold!

Property guardians are residential occupiers sent into an empty commercial building to protect it from squatters and vandalism. Typically, a guardian will occupy under a licence agreement, and pay a relatively cheap rent.

Subscribers only...
 

Side letter – penalty

L and T will often agree a ‘side letter’ that gives T a better deal than set out in the lease. In effect, there are some concessions that are personal to T. Frequently, this will be a rent concession (giving T a lower rent to pay, but allowing L to claim that the property was let at a higher headline rent).

Subscribers only...
 

Service charge – repair or improvement?

L may only include costs in the service charge to the extent that they are ‘reasonable’ (ie the costs were ‘reasonably’ incurred; and the works are of ‘reasonable’ standard). See s19(1) LTA 1985.

Subscribers only...
 

Service charges – on account

A recent Upper Tribunal decision has confirmed some basic principles about demanding service charge payments on account:

Subscribers only...
 

Consultation – long-term agreements

There are special service charge consultation rules for ‘qualifying long-term agreements’ (s20 LTA 1985). If L fails to consult properly, then the recoverable service charge is capped at £100 per dwelling pa. But, there are pitfalls for developers in these long-term agreement rules which apply to a letting by L for a term exceeding 12 months:

Subscribers only...
 

Tenancy – exclusive occupation

There is an important distinction between a legal right of exclusive possession and a personal right of exclusive occupation. Legal occupation entitles the occupier to exclude all others from the property; exclusive possession may or may not amount to legal possession. It is legal exclusive possession that is the hallmark of a tenancy.

Subscribers only...
 

Section 21 – notice

If L wants possession under an assured shorthold then L will normally serve a notice under s21 HA 1988. Previously, there was no prescribed form but Deregulation Act 2015 introduced prescribed Form 6A.

Subscribers only...
 

Insurance – fit-out works

Many Ts organising fit-out works will be the ‘employer’ under a JCT Building Contract. Under that contract it has traditionally been assumed that the ‘employer’ is also the building owner, and that the employer would therefore arrange for its existing insurance to also cover the contractor for the risk of damage to the remainder of the building. But, in practice, many Ts have failed to appreciate that they are not complying with the requirements of the JCT Contract, since they are failing to contact L to arrange an extension of L’s cover (so it extends to the contractor doing damage to the rest of the building).

Subscribers only...
 

Partnerships – leases?

It is inadvisable for partnerships (or LLPs) to hold commercial leases. If a partnership wants to acquire a lease or premises, then the best advice is to put forward as T a nominee company owned by the partnership, along with a guarantee given by all the partners.

Subscribers only...
 


Page 8 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...

Resources

IAG International
MSI Global Alliance
www.totallylegal.com
Join the IBA now!
In House Lawyer