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 rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
What is merger?A lease terminates as a result of merger when both the lease and the reversion of that lease become vested in the same person—see Rye v...
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...
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
Coronavirus (COVID-19)—business interruption insurance claims after the FCA test caseBusiness interruption insurance is typically sold as an extension...
Flood reinsurance—the Flood Re schemeBackground to the schemeThe Association of British Insurers (ABI) and the government had an agreement, known as...
Uninsured damage or loss—leasesIn most commercial leases the landlord effects:•building insurance, and •insurance for loss of rent—for the period it...
The Riot Compensation Act 2016The Riot Compensation Act 2016 (RCA 2016) creates a new scheme in England and Wales to allow compensation to be claimed...
Tenant’s insurance issues—paymentLevel of coverIt is in both parties’ interests for the premises to be adequately insured (particularly for the tenant...
Insuring against terrorist risksPool Reinsurance Company Limited ('Pool Re') was formed in 1993 following a series of terrorism incidents in the early...
Do you have a precedent clause dealing with damage by an insured risk?Our Lexis®PSL Property Precedent: Lease of whole building deals with insured and...
Do you have a Precedent for a clause in a lease requiring a tenant to bear uninsured losses?We do not have a Precedent clause providing for a tenant...
What are the rules in relation to commission received by a landlord in relation to insurance of commercial premises? The insurance costs are passed to...
Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance...
Tenants carrying out works—insurance issuesTenants frequently carry out fit-out works at (or often prior to) the start of a lease and may also carry...
Entitlement to insurance moneyMost modern commercial leases, and many residential ones, place an obligation on the tenant to pay 'insurance rent' and...
Buildings insurance—subrogation rights and waiversThe principle of subrogationSubrogation is the right of an insurer, once it has made payment to its...
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Scottish Law
