In 2011 real estate agreements, including leases, became subject to the full scrutiny of the Competition Act 1998. Its impact was going to be uncertain and many commentators and lecturers ended pieces with “only time will tell”. Well, earlier this year “time told” in a decision in the Central London County Court. It is thought […]
Back in 2009 landlords secured what they thought at the time was a victory over administrators. They argued, in court, that when a company went into administration, the administrator, as an expense of the administration, should be liable for the whole of a quarter’s rent if the period of the administration straddled a quarter day. […]
In a previous article (‘Sending in the bailiffs…’), we reported on CRAR (Commercial Rent Arrears Recovery), the new procedure, effective from 6 April 2014, for recovering rent arrears by attending a tenant’s premises and removing goods. Over the last couple of months various regulations have been published by the Ministry of Justice setting out the […]
A recent case has highlighted some very serious issues for, perhaps, both landlords and tenants when a tenant remains in occupation after a lease which has been contracted out of the Landlord and Tenant Act 1954 expires. Normally when a contracted out lease expires, if a tenant were to remain in occupation without consent he […]
In previous articles we have addressed the thorny issue of empty rates and schemes that have been devised and considered by tribunals and courts to assist landlords in avoiding liability for rates on vacant properties. The Government has now stepped in and introduced the Empty Rates Temporary Relief Scheme which took effect on 1 October […]
In the early 1990s recession we called a tenant “someone who paid the rates”. They clearly couldn’t afford the rent, but often met their rates liability. In the last few years rates, again, have become a key issue, particularly where premises become vacant following the termination of a lease via insolvency action or otherwise. Liability […]
1 April 2013 saw the introduction of the most far-reaching changes to the Civil Procedure Rules since they were introduced in 1999. They are the result of a review, undertaken by Lord Justice Jackson in 2009, into whether changes in case management procedures could bring about more proportionate costs in litigation. While the new focus […]
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