Business tenancies

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Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

The following Property Disputes news provides comprehensive and up to date legal information on When ‘ought not’ a tenant be granted a renewal lease under the Landlord and Tenant Act 1954? (Kent v Guest)

Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

The following Commercial news provides comprehensive and up to date legal information on Supreme Court gives landmark judgment in coronavirus (COVID-19) business interruption test case (Financial Conduct Authority v Arch Insurance)

Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

The following Banking & Finance news provides comprehensive and up to date legal information on Brexit found not to frustrate lease of European Medicines Agency’s headquarters (Canary Wharf v European Medicines Agency)

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Business tenancies content

Q&As

While a business tenancy continues under section 24 of the Landlord and Tenant Act 1954, in circumstances in which the parties have not agreed an interim rent, and no application has been issued, does this mean that no rent is contractually payable pending an application/agreement or does the obligation to pay rent continue under the original lease?

It has always been the case that a person who uses and occupies property must generally pay for its use. That is the case even where that person...

Produced in partnership with David Peachey 18th Jan

Practice notes

CPR Part 8 claims (alternative procedure for claims)

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

Practice notes

Fixed costs—land claims

Types of claimsThese types of claims fall into three categories. Category I Claims for the recovery of land, including a possession claim under CPR 55...

18th Jan

Practice notes

Cost budgets—form, content and practical considerations

On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting came into force through the Civil Procedure...

18th Jan

Practice notes

Claim form—the contents

This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR....

15th Jan

Practice notes

Vacant possession strategy for redevelopment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Jill Carey of Freeths 15th Jan

Practice notes

Business lease renewal—renewal by agreement under section 28

Tenancies which are protected by the Landlord and Tenant Act 1954 (LTA 1954) will not come to an end unless terminated in one of the ways sanctioned...

15th Jan

Practice notes

CPR 55 procedure in relation to commercial property

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Victoria Jones 15th Jan

COVID-19

Practice notes

Contractual option to renew a lease

A contractual option to take a lease for a further term is a ‘call’ option. It confers a unilateral right on the tenant to call for a renewal lease...

15th Jan

Practice notes

Grounds of opposition: ground (e)—more rent letting whole where tenancy is sub-letting of part

A landlord can oppose the grant of a new lease under section 30(1) of the Landlord and Tenant Act 1954 opposition ground (e) if:•the current tenancy...

15th Jan

Practice notes

LTA 1954 business lease renewal—proceedings

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

15th Jan

Practice notes

Near miss orders, s 31(2)

If a landlord establishes one or more of the grounds of opposition to the grant of a new tenancy, the court must refuse to make an order for a new...

15th Jan

Practice notes

Short-term business tenancies under section 43(3) of the Landlord and Tenant Act 1954

Under section 43(3) of the Landlord and Tenant Act 1954 (LTA 1954), the security of tenure provisions for commercial tenancies under LTA 1954, Pt II...

15th Jan

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

15th Jan

Practice notes

Periodic tenancies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

In-house

Practice notes

Grounds of opposition: ground (b)—persistent delay in paying rent

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

COVID-19

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

15th Jan

COVID-19

In-house

Practice notes

Grounds of opposition: ground (d)—alternative accommodation

A landlord can oppose the grant of a new lease under section 30(1)(d) of the Landlord and Tenant Act 1954 (LTA 1954). This Practice Note covers what...

15th Jan

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

15th Jan

Practice notes

Minimum energy efficiency standards (MEES)—non-domestic property—transactional issues

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

15th Jan