Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
The ‘ad medium filum’ rule is a rebuttable presumption that an owner of land which abuts either:•a public or private highway, or•a non-tidal river or...
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...
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...
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...
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
Background to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as the Statement of Principles (SoP), in...
Tenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry out refurbishment or further fit-out works...
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
Level of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant where the landlord’s obligation...
The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
Insured risksIt is in the tenant’s interests to ensure the landlord covenants to insure against as comprehensive a range of risks as possible as:•an...
Vitiation of an insurance policyAn insurance policy may be vitiated (or invalidated) if the insured:•misrepresents or fails to disclose any material...
Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
In any commercial lease it is important that provision is made for the insurance of the building. The obligation may be by way of a tenant’s covenant...
We do not have a Precedent clause providing for a tenant to bear uninsured losses, but if uninsured damage is not excluded from the tenant's repairing...
Most modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and on the landlord to insure the...
Pool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early 1990s in London and elsewhere...
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