Commercial tenancies

Commercial tenancies guidance:

This Practice Note discusses a tenant’s considerations when negotiating alienation provisions in a rack rent commercial lease that is a new lease for the...

Practice Note

Break clauses—commercial importance Commercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply with the terms of...

Practice Note

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...

Practice Note

Landlord’s service charge objectives The landlord’s main concern is to ensure that the costs of maintenance and repair of the landlord's investment are passed on to the...

Practice Note

Payment of the service charge What proportion of service charge costs should the tenant pay? It is usual for a lease not to refer to a specific percentage of service...

Practice Note

Land agreements are not an area that most people would associate with competition law concerns but care is needed to ensure that no such concerns arise. A land agreement...

Practice Note

The current competition regime (Competition Act 1998) prohibits:CA 1998, s 18 • anti-competitive agreements (Chapter I) • abuse of a dominant position...

Practice Note

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

Practice Note

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...

Practice Note

Why contract out? The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on in their premises...

Practice Note

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 (often subject to...

Practice Note

Every lease contains either an express or implied covenant for quiet enjoyment. In the absence of an express covenant, a covenant will be implied. The covenant includes a...

Practice Note

What is a CVA? A company voluntary arrangement (CVA) is an arrangement between a company and its creditors, supervised by an IP (who is known as the supervisor once the...

Practice Note

The rule against derogation from grant applies to the grant of easements and rights granted for a term of years. The principle is that someone who agrees to confer a...

Practice Note

The direct tax treatment of landlords and tenants in relation to the grant of leases is considered in Practice Note: Direct tax treatment of leases—grant of a lease. This...

Practice Note

The legal structures of property interests in the jurisdictions of England and Wales, Scotland and Northern Ireland place leases at the centre of any UK property-related...

Practice Note

This Table provides an overview of the direct tax treatment (ie corporation tax, income tax or capital gains tax treatment) of owning freehold or leasehold commercial...

Practice Note

This Practice Note looks at some of the key practical issues for commercial landlords and tenants when dealing with energy performance certificates (EPCs). It is part of...

Practice Note

The green lease toolkit issued by the Better Buildings Partnership (BBP) aims to improve sustainability and reduce the environmental footprint of existing commercial...

Practice Note

Rent payment Depending on the procedure being followed, rent will be payable to the: • liquidator • administrator • company voluntary arrangement (CVA) supervisor...

Practice Note

Rent payment The Commercial Rent Arrears Recovery (CRAR) procedure enables a superior landlord to serve notice requiring an undertenant to pay rent directly to the...

Practice Note

Corporate insolvency A company is insolvent: • where it is demonstrated that it is unable to pay its debts, or • where it is proved that the value of the company's assets...

Practice Note

Who insures? While the parties might agree that the tenant can insure where it has paid a premium for its lease, in this Practice Note we are concerned...

Practice Note

If your client’s landlord is itself a tenant under a superior lease, you may at some point be required to consider one or more of the following issues during the term of...

Practice Note

Form of covenant Leases generally restrict the tenant's use of the property to a specific purpose, whether specifically described or expressed by reference to planning...

Practice Note

The fact that a lease contains a covenant by the tenant to use the demised premises only for one particular business does not put the landlord under an implied obligation...

Practice Note

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 Tribunal (FTT)...

Practice Note

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 Tribunal (FTT)...

Practice Note

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 Tribunal (FTT)...

Practice Note

Empty rates relief Empty rates relief is currently only available where premises are unoccupied for a continuous period of less than three months. The full rate then...

Practice Note