The issue of whether or not to accept rental payments from third parties sometimes arises, particularly in the following commercial contexts: • where a...
Agricultural Holdings Act 1986 Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent properly payable’ in...
What is an authorised guarantee agreement (AGA)? Under an AGA an outgoing tenant guarantees some or all of the obligations of an incoming tenant under a lease. It was...
Background—Landlord and Tenant (Covenants) Act 1995 Landlord and Tenant (Covenants) Act 1995, s 5(2)(a) provides that if: 'a tenant assigns the whole of the premises...
Discretionary relief Under section 47 of the Local Government Finance Act 1988 (LGFA 1988), charities occupying commercial property qualify for a mandatory 80% discount...
Empty properties: rates With effect from 1 April 2008 there is: • 100% relief for a qualifying industrial hereditament for the first six months that they are empty...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...
A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. Where the landlord has allowed the...
Joint and several liability Where a covenant is given by two or more persons, they may be liable: • jointly • severally, or • jointly and severally The applicable...
The advantages of taking collateral security from a third party to secure the principal debt are that: • the mortgagee may not need to have recourse to the primary...
Right to recover rent The commercial rent arrears recovery (CRAR) regime allows landlords to seize a tenant’s goods from the demised premises in order to...
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...
This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre–6 April 2017. Drafting and serving a statutory demand This...
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 of the same...
This Practice Note considers how a debtor whose goods have been taken control of or executed against can bring an application claiming that the goods in question are...
What is Council tax and what is its purpose? The council tax was introduced as the primary source of collecting income from local residents by local authorities in...