The Practical Lawyer

If there is an argument about how to interpret a clause, to what extent can the court refer to clause headings or to deleted words?

The starting point, of course, is if the lease provisions are unambiguous then they will be strictly interpreted. It is only in cases of ambiguity that the court will look at alternative methods of interpretation:

By 31 December 2016, heat meters must be fitted to all existing and new communal heating systems (provided it is cost-effective and technically feasible to do so). Accordingly, Ls of existing buildings which have supplies of heating going to more than one occupier through a communal system need to be aware of the requirement to fit such meters. Thus, when entering into a new lease with an occupier, Ls should ensure sufficient rights are reserved by the lease to allow access for fitting such meters, and if possible include provisions for the recovery of such costs through the service charge.

Recent cases have underlined the importance of serving an s17 notice on a former T or guarantor if the current T is in arrears.

Two years ago, in April 2014, the common law right of distress was abolished for both residential and commercial premises. Instead, a new statutory procedure, CRAR, was introduced for commercial premises (for residential L must obtain a court order to recover any arrears by way of a simple debt claim). A few reminders:

An application by T to L for consent for alterations is a common occurrence. All too often, such simple applications can get bogged down by procedural difficulties, with the parties then taking entrenched positions. Hence the need for a simple code of good practice, such as the new protocol developed by Hogan Lovells and Falcon Chambers. Like their existing protocol for applications (ie consent to assign or sublet), the protocol for alterations sets out practical steps for both L and T to take. So, while in no sense is it binding, it can save time and money if both parties agrees to follow it: