The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Landlord and tenant – commercial

Rent deposit – duration?

As part of the pre-lease negotiations, T may agree to provide L with a rent deposit (ie a sum of money that is deposited as security, in case T defaults on paying the rent, service charge, etc). But, on what terms?
Subscribers only...
 

Protected sub-T – effect on L

Suppose T grants a sub-lease to sub-T. If T’s lease comes to an end then L will take over sub-T (ie sub-T will become the direct T of L), provided sub-T has the protection of LTA 1954.
Subscribers only...
 

L’s redevelopment – T’s quiet enjoyment?

A lease may well give L an express right to redevelop adjoining property. But, how does that square with T’s implied right to ‘quiet enjoyment’?
Subscribers only...
 

Subrogation – T’s liability?

If T has been in breach of the lease, then L can sue to recover appropriate damages. If L is insured, then L’s insurers can take over L’s claims, and thus sue T. This is the right of subrogation.
Subscribers only...
 

Break notice – L’s address?

We all know of the pitfalls of serving a break notice (eg serve it in the correct form; ensure it is served at the correct time; check that all lease covenants have been complied with) but it is also important to check that L is being served at the correct address.
Subscribers only...
 

Interpretation – headings and deletions

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:

Subscribers only...
 

Heat meters – December

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.

Subscribers only...
 

Arrears – s17 notice

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

Subscribers only...
 

CRAR – the basics

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:

Subscribers only...
 

Alterations – consent

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:

Subscribers only...
 


Page 9 of 51

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
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...
Professional – update
Wednesday, 11 July 2018
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...
Service mistake – discretion?
Wednesday, 11 July 2018
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
Wednesday, 11 July 2018
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
Wednesday, 11 July 2018
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
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

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