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Summary - The Law Commission has issued an interim statement on the reform of the Landlord and Tenant Act 1954 (the Act). Its initial consultation addressed the “contracting-out” model, types of tenancy and duration of...more
As the Renters’ Rights Bill (the "Bill") makes its way through the Committee Stage of the House of Lords, its implications for student accommodation have emerged as one of the more technically difficult areas to address....more
The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...more
Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more
In S. Franses Limited v The Cavendish Hotel (London) Limited [2021] the High Court had to determine a number of issues including, importantly, what rent would be payable by the tenant under the terms of its renewal leases of...more
The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant...more
Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days. Outside of...more
As the COVID-19 pandemic spreads across the globe, so does uncertainty. Landlords and tenants are facing unprecedented impacts on their businesses, and it is no surprise in this environment that both parties are looking to...more
It will not have escaped the attention of anyone in the real estate industry that today is the March quarter day. For many landlords and occupiers, the immediate focus will be on rent payments due today and the media are...more
Earlier this month the Court of Appeal decided the case of Captain Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter. The case concerned whether statutory notices of proceedings for possession, served under...more
Wishing you a Happy Leap Day for tomorrow! Traditionally the day for women to issue marriage proposals, 29 February may also have an unexpected consequence for buyers and sellers of commercial properties when they work out...more
When a landlord is carrying out works it is usually impossible to avoid some level of disturbance to tenants. On that basis, previous case law has made clear that a landlord carrying out works will need to take “all...more
Property cases do not often make it all the way to the Supreme Court, let alone cases relating to a landord’s refusal of consent under a lease. For that reason alone, the Supreme Court Justices’ decision in the case of...more
Property Management Agreements (“PMAs”) have been around for years and typically follow the same format. However, the growth of the Build to Rent (“BTR”) sector has caused a re-think of the “usual” terms to ensure it reflects...more
The Homes (Fitness for Human Habitation) Act 2018 (the Act) came into force on 20 March 2019 (the Enforcement Date) and amends the existing legislation contained within sections 8 and 10 of the Landlord and Tenant Act 1985...more
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
The High Court in London has recently given judgment in one of the first UK cases to grapple with the commercial ramifications of the UK's departure from the European Union....more
A management company’s refusal of consent to keep a pet in a flat gives us an opportunity for bad puns and gives landlords ‘paws’ for thought. After Mr and Mrs Kuehn bought a leasehold flat in East London, only one thing...more
Thanks to the popularity of short term lettings, we are benefiting from a wealth of choice and flexibility in holiday accommodation. Wherever the destination, there will certainly be unique properties available at reasonable...more
A termination provision in a side letter, which had the effect of entitling a lessor to increased rental payments in the event of any breach by the tenant, was held to be an unenforceable penalty. This is the first...more