With the June quarter day upon us, commercial landlords will be concerned that they may well be faced with further difficulties meeting their own financial commitments and banking covenants due to tenants not paying the rents due under their lease.
The ban on evictions, introduced in response to the COVID-19 crisis, has been extended by two months until 23 August
On 29 May 2020 the government announced that it is working with businesses and trade associations in order to publish a Code of Practice to support high street businesses through the COVID-19 crisis.
On the 6 May 2020, the Supreme Court gave judgment in the case of Duval v 1113 Randolph Crescent Ltd which has potentially wide ranging implications for landlords of blocks of flats and their tenants.
The Government has announced that safe guards afforded to business tenants introduced by the Coronavirus Act 2020 are to be extended to allow tenants more breathing space to pay rent.
As the situation surrounding COVID-19 continues to develop at speed, nearly every area of business is facing disruption of some kind. This is especially true for commercial landlords and tenants, especially those in the leisure and hospitality industries.
In a recent article from the Financial Times, James Parratt answered a query concerning a letter from the HMRC. The letter inquired about the tax status of the recipient's landlord, which suggested to them that they were responsible for paying their landlord's tax bill. James Parratt explained:
On 9 January 2020, the Law Commission published its report on the options for reducing the costs payable by leaseholders extending their leases or purchasing the freeholds of their properties.
The Christmas Queen’s Speech included proposals for significant changes for residential property, particularly in the private rented sector and for leaseholders.
The Law Commission of England and Wales has recently published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes. The findings of the report have been published with the aim of making the process easier and more affordable for millions of leaseholders across England and Wales.
Restrictive covenants on a freehold property – a glimmer of hope? Restrictive covenants are commonly found in leasehold property, such as flats, but less so in freehold properties.
In our increasingly digital age, the case of Neocleous & Anor v Rees is a keen reminder of the care needed in email correspondence. An automatic email sign-off could unwittingly bind you to a contract.
The Supreme Court has overturned the Court of Appeal's decision on Sequent Nominees Limited v Hautford Limited.
Among pages of stories about the death of the high street, it’s the company voluntary arrangements (CVAs) entered into by the big retailers that have drawn the most attention. One of the biggest of these, the Debenhams CVA, has just come before the High Court, with landlords challenging the CVA on five grounds:
James Parratt recently offered advice to a Sunday Times reader, regarding a rental situation. The reader in question had recently put down a deposit to rent a house and agreed a price of £1,800 a month with a local independent letting agency.
How to turn down the volume next door, and ways to guard against gazumping
In April this year, the Government announced its intention to end no fault evictions. With the consultation now published, the details of those proposals are now beginning to take shape.
From 1 June 2019, the new Tenant Fees Act 2019 came into force
Where premises are let under a lease within the protection of the Landlord and Tenant Act 1954, at the end of the lease the tenant has a statutory right to either claim a new lease or remain in occupation.
We will be at MIPIM 2019, the world's largest property expo between 12-15 March with representatives from all of our property teams.
The saying ‘possession is nine tenths of the law’ is well known but, when it comes to land, is it really true?
The issue of ground rents payable for leasehold properties has attracted negative publicity recently; particularly so called ‘escalator’ ground rents. These are rents that escalate over time, for example doubling every ten years.
The High Court has recently handed down a decision, which will be welcome news to land owners and developers alike who own sites that are at risk of trespassers from entering them.
A number of retailers have issued Company Voluntary Arrangement (CVA) announcements this year. If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading during this time.
An Assured Shorthold Tenancy (AST) is the standard form of tenancy where a residential property is rented as a separate dwelling and the tenant, or at least one joint tenant, is to use it as their principal home.
By Laura Keatley, Solicitor in Commercial Property & Development.
The Protocol for Disputes between Neighbours and the Location of the Boundary (The Boundary Dispute Protocol) was introduced in September 2017.
Restrictive covenants affecting freehold land can hinder plans for future land use or development...
The “Right to Rent” scheme was introduced by the Immigration Act 2014 as a means to prevent people with no legal right to remain in the UK from renting or remaining in private domestic rented accommodation.
It seeks to achieve this by imposing obligations on landlords (or their agents if they have agreed in writing to undertake the necessary due diligence) to check the status of existing and potential tenants. Landlords should not ignore their obligations, since in addition to the original civil penalty of up to £3,000 for failure to conduct the necessary checks, criminal sanctions were introduced from 1 December 2016.
A landlord of premises let under a tenancy protected by the Landlord & Tenant Act 1954 (“the Act”) and who is intending to oppose the grant of a new tenancy should consider the implications of the business rates revaluation and the possibility of serving notice under section 25 of the Act before 1 April 2017.