Alison Sparks recently wrote a piece looking at what the Leasehold Reform (Ground Rent) Bill means for residential leaseholders
The recent case of TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors (the Mansfield Case) offers some much needed clarity around contracting out. Here, Caroline Cohen explores what this means for commercial landlords and tenants.
As 2022 edges closer, we explore the key issues that are likely to dominate the property litigation agenda next year.
James Parratt, in our property litigation team recently wrote a piece for Property Week, exploring what the proposed new code and arbitration procedure will mean for commercial landlords and tenants.
Alison Sparks and Grace Mercer recently wrote a piece for New Law Journal on the importance of communication between landlords and tenants.
The Ministry of Housing, Communities and Local Government (MHCLG) has published a revised National Planning Policy Framework (NPPF), replacing the earlier version of February 2019, following a consultation on proposed amendments to the NPPF. Planning law specialist Kate Jardine looks at what this means.
Here, Mark Steggles, our head of property litigation answers some questions around dealing with nuisance neighbours
Further changes are afoot in the residential leasehold sector following an investigation by the Competition and Markets Authority (CMA).
The Leasehold Reform (Ground Rent) Bill looks to change the rules around ground rents and is currently being debated in Parliament. Alison Sparks looks at what it means for leaseholders.
Most evictions in England remain suspended until after 31 May as a result of changes introduced by the Government in response to the pandemic.
From 4 May 2021, individuals can apply for a moratorium to shield debts from creditors' enforcement action.
WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH is one of the few decisions we have seen so far indicating how the Courts are approaching the impact of COVID-19 in unopposed lease renewals under the Landlord & Tenant Act 1954. Alison Sparks looks at what the ruling means for landlord and tenants alike going forward.
Your situation is common, but ultimately you remain liable to pay the rent (and service charges if applicable) despite being unable to trade for many months.
Tunbridge Wells in Kent has received an encouraging boost to the return to a prosperous economy with the long-awaited issuing of the decision notice for a new business park in Kingstanding Way, on an out of town location almost directly adjacent to the strategic A21 which links the town with London and the coast.
Business landlords and tenants are encouraged to follow the Code of Practice for Commercial Property Relationships whilst the repercussions of the Covid-19 pandemic continue.
For any notice served before 31 March 2021, the correct notice period is 6 months.
The recent case of Fishbourne Developments Limited v Stephens (2020) has underlined the importance of applying commercial common sense when interpreting “Development” as a trigger for exercising any option over land where planning permission has been granted over part only for its development.
The Secretary of State for Housing, Communities and Local Government, Robert Jenrick, recently announced that the Government is planning legislation which will allow leaseholders to extend their lease to a new standard of 990 years with zero ground rent. While more detail about the legislation is still to be outlined, Grace Mercer explores what it could mean for leaseholders going forward.
The government has announced a final extension to the ban on evictions of commercial tenant. Mark Steggles from our property litigation team shared his thoughts on what this means with Mortgage Introducer magazine.
The Supreme Court recently handed down an important judgment, which serves as a stark warning for developers dealing with land encumbered by restrictive covenants. Grace Mercer from our property litigation team explains why in this article.
Businesses being forced to “shut up shop” for a period of time, and/or the restrictions imposed on businesses during and after lockdown, has affected their ability to trade and generate an income.
There is no doubt that COVID-19 has initiated change in the way we work as well as how we view the use of the office.
The ban on evictions, introduced in response to the COVID-19 crisis, had been extended again to 20 September 2020 following an announcement on 21 August 2020 from Housing Secretary Robert Jenrick MP.
Treasury Secretary Stephen Barclay announced to the house of commons today that the moratorium on commercial property evictions based on rent arrears in England is to be extended from 30 June 2021 to 25 March 2022.
The Association of Leasehold Enfranchisement Practitioners (ALEP) has reported a rise in homeowners reviewing their leasehold extension opportunities and rights.
Grace Mercer offers advice for landlords on reactivating possession claims.
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.
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.
Frequently asked Q&As