The Practical Lawyer

Landlord and tenant – commercial

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...

Telecoms Code – 1954 Act

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

Subscribers only...

Assignment to guarantor – void!

The High Court has held that any assignment by T of its lease to its guarantor will be void – even if T and its guarantor want it to be valid. This is the effect of the ‘generous’ anti-avoidance provisions in s25 Landlord and Tenant (Covenants) Act 1995.
Subscribers only...

Lease renewal – compensation

If L is opposing T’s statutory right to renew under LTA 1954 then T may be entitled to statutory compensation. That compensation will be calculated at the rateable value of the property, but doubled if T and any predecessor in business has been in occupation for 14 years or more.
Subscribers only...

Break date – after quarter day

If L wants to negotiate the inclusion of a break clause in a lease, the L would be well advised to demand that the surrender date be just after (not before) a rent payment date.
Subscribers only...

Surrender – handing back the keys?

Can T (or more usually, an administrator) surrender a lease by simply handing the keys back to L? If L accepts the keys, then L may have inadvertently carried out an act that amounts to an unequivocal acceptance of the surrender and the termination of the lease.
Subscribers only...

Air-con – consent?

When acting for T, it is important to consider the scope of any fitting-out works (or future works) and whether L’s consent will be needed.
Subscribers only...

Page 10 of 52

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer