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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 Lease covenants and obligations content

Practice notes

Competition law—grocery retailers

The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the...

15th Jan

Practice notes

Quick guide to landlord’s remedies for breach of lease

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

Landlord's consent to assign or underlet

Form of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the...

15th Jan

Practice notes

Derogation from grant and the covenant for quiet enjoyment

The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...

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

Acting for a tenant—assignment of existing lease—key issues

Is the landlord’s consent required to the assignment?Check the terms of the lease (including any deeds of variation or supplemental documents). If the...

15th Jan

Practice notes

Landlord’s consent to alterations

Without some express or implied permission, a tenant is not permitted to make alterations outside of the demised premises: such access or works will...

15th Jan

Practice notes

Tenant’s remedies for unreasonable withholding of consent—assignment and underletting

This Practice Note explains the remedies available to a tenant who has applied for consent to assign or underlet in circumstances where consent is not...

15th Jan

In-house

Practice notes

Tenant's improvements

The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord...

15th Jan

Practice notes

Tenant’s remedies for unreasonable withholding of consent—change of use

This Practice Note explains the remedies available to a tenant who has applied for consent to change use in circumstances where consent is not to be...

15th Jan

Practice notes

Incoming tenant’s liability for pre-existing breaches

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion of the...

15th Jan

Practice notes

Tenant’s remedies for unreasonable withholding of consent—alterations

This Practice Note explains the remedies available to a tenant who has applied for consent to alter in circumstances where consent is not to be...

15th Jan

Practice notes

Landlord’s remedies for alteration without consent

For guidance on the usual forms of covenant against alteration, and on whether consent has been reasonably withheld, see Practice Note: Landlord’s...

15th Jan

Practice notes

Quick guide to where to issue common property dispute applications

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

15th Jan

Practice notes

Alterations—specific consent overrides tenant covenants in lease

Statutory provisionsSection 143 of the Law of Property Act 1925 provides that where a licence is granted to a tenant to do any act, the licence,...

15th Jan

Practice notes

Landlord’s remedies for assigning or underletting without consent

For guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice...

15th Jan

Practice notes

Installing solar panels—tenant’s issues

A leasehold valuation tribunal (LVT) decision (W. Redmile & Sons v Butts MAN/00CF/LBC/2011/0002 and 0003) dealt with alleged breaches of covenant by...

15th Jan

Practice notes

Authorised guarantee agreements

What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...

15th Jan

Practice notes

Incoming landlord’s liability for pre-existing breaches

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion an incoming...

15th Jan

Practice notes