News & Analysis as of

Landlords Commercial Leases United Kingdom

BCLP

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

BCLP on

Case 1: Blackhorse Investments (Borough) Ltd v Southwark London Borough Council - The Upper Tribunal found that an alienation covenant, a keep open covenant and a best endeavours covenant were outside of its jurisdiction...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Update)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Impact of the UK’s Autumn Statement 2023 on Real Estate

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In contrast to recent years, when there has been plenty for real estate tax lawyers to feast on, this Autumn Statement was fairly quiet.  Full expensing - After a prolonged period of time-limited, enhanced reliefs,...more

Katten Muchin Rosenman LLP

Gotta Have [good] Faith

This advisory discusses the recent case law developments on the express duty of "good faith" in English law and what they may mean within the context of commercial real estate....more

Hogan Lovells

ESG: Sustainability concerns see green leases evolve in the UK

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With landlords and tenants increasingly recognising the value of well-managed, energy-efficient buildings, the demand for drafting ever more detailed green leases looks set to grow....more

Hogan Lovells

UK government's rental auction plans will bulldoze normal letting processes

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Amid strong industry objection to its proposed rental auctions scheme for vacant high street premises, the government has launched an open consultation to seek views on matters that will form part of the scheme, first...more

K&L Gates LLP

Global Office Asset Trends: A Look at 2023 and Beyond

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Post-pandemic, with some level of remote work here to stay, the global real estate industry is tracking an unprecedented reassessment of the office asset class. To paraphrase Mark Twain, have the rumors of the “death of the...more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

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In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

BCLP

MEES, The Next Chapter: Plotting Residential Real Estate’s Route to Net Zero

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MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more

McGuireWoods LLP

What UK Commercial Tenants Need to Know About Changes to Minimum Energy Efficiency Standards

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Do the latest changes to the MEES Regulations apply to me? If you have a lease of a commercial premises that was granted before 1 April 2018 and the premises have an energy performance certificate (EPC) rating of F or G,...more

Hogan Lovells

Green lease clauses in the UK: a litigious environment

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Green lease clauses are now fairly commonplace, with most leases including some sort of ‘green’ obligation. For example, many leases already include ‘green’ covenants relating to the manner in which alterations are carried...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

A&O Shearman

Interpretation: if you ask 100 lawyers...

A&O Shearman on

English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

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In this September quarter edition, we cover: ..Oceanfill v Nuffield Health and Cannons Group - Restructuring lease liabilities; what’s the plan for guarantors? ..Dell and another v 89 Holland Park (Management) Ltd – ...more

BCLP

Leasing - liability for rent during the pandemic

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Roger Cohen of Bryan Cave Leighton Paisner asks: is the tenant of commercial premises in England liable to pay rent whilst the premises were closed for the pandemic? Or has the tenant a defence to such a claim, thereby...more

Hogan Lovells

UK COVID-19 rent arrears arbitration scheme: no protected rent arrears for office premises

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The Commercial Rent (Coronavirus) Act 2022 introduced a statutory arbitration process for landlords and tenants to resolve disputes over commercial rent arrears accrued during the COVID-19 pandemic. The scheme applies to all...more

BCLP

Are you eligible for business rates relief? - seek advice today!

BCLP on

Business rates relief - Scenario: Since 2019, my business has occupied offices on an out of town business park. I am increasingly troubled by the amount of the rates that we are paying. ...more

Dorsey & Whitney LLP

The Commercial Rent (Coronavirus) Act 2022: A Solution to the Commercial Rent Arrears Problem?

Dorsey & Whitney LLP on

On 24 March 2022, the Commercial Rent (Coronavirus) Act 2022 (the “Act”), took effect. This legislation further continues the range of coronavirus measures passed by the government, which aim to provide an as fair as possible...more

A&O Shearman

Rent arbitration and the UK restructuring toolkit

A&O Shearman on

We look at the new rent arrears ringfencing and binding arbitration regime for commercial tenants and their landlords. Continued economic uncertainty means large tenants and their stakeholders should be mindful of the UK’s...more

BCLP

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

BCLP on

Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Hogan Lovells

UK government publishes working draft guidance for arbitrators under the COVID-19 arrears arbitration scheme

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In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - December 2021

BCLP on

Briefcase: Quarterly Real Estate Update - Cases and News including: ..London Trocadero (2015) LLP v Picturehouse Cinemas and others ..Terence James Macey v Pizza Express (Restaurants) Ltd ..Kensquare Ltd v Boakye...more

BCLP

The new Commercial Rent (Coronavirus) Bill and Code of Practice

BCLP on

The government has introduced the Commercial Rent (Coronavirus) Bill in Parliament to attempt to streamline and accelerate the resolution of the billions of pounds of rent arrears that have accrued during the Covid 19...more

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