In 89 Holland Park (Management) Limited v Dell & Dell, the largest ever UK residential service charge dispute, the Court of Appeal has refused to allow a landlord to recover the legal costs of a dispute with its neighbour...more
2023 was the year of MEES (Minimum Energy Efficiency Standards), with the implementation of new rules which made it unlawful for commercial landlords to continue to let property with an EPC rating of F or G. Looking forward...more
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
Before the pandemic, a popular way for businesses to cut their operational costs was through a company voluntary arrangement. In the space of a few years, a long line of retailers and other occupiers used CVAs to reduce rents...more
The Commercial Rent (Coronavirus) Act 2022, which came into force on 24 March 2022, introduced a binding arbitration scheme to deal with arrears of commercial rents which accrued during the pandemic, referred to in the Act as...more
The government has introduced to Parliament draft new legislation in the form of the Commercial Rent (Coronavirus) Bill which will establish a binding arbitration process for commercial landlords and tenants who have been...more
In S. Franses Limited v The Cavendish Hotel (London) Limited [2021] the High Court had to determine a number of issues including, importantly, what rent would be payable by the tenant under the terms of its renewal leases of...more
The government has announced on 10 March 2021 that it will be extending the current protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic. This follows what was meant to be the “final”...more
The government has announced that it will be extending the current protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic, for one final time. ...more
12/10/2020
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Failure To Pay ,
Landlords ,
Relief Measures ,
Rent ,
Rental Property ,
UK ,
Winding Up Petitions
After much speculation the government has today announced that it will be extending protections that have been afforded to commercial tenants as a result of the COVID-19 pandemic. What are the current protections?
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Long awaited insolvency reforms in the UK, plus the government’s COVID-19 proposals on the use of statutory demands – and much more....more
Boris Johnson has now changed the focus from staying at home to staying alert. What does this mean for landlords who need to create a COVID-safe environment? How does this look in practice? And who pays?...more
Monday, as well as locking down the country, the government published critical amendments to the emergency Coronavirus Bill protecting commercial tenants from the risk of forfeiture until the end of June 2020.
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In Boris Johnson’s first daily coronavirus update yesterday, he urged the general public to stop “non-essential contact” and “all unnecessary travel“, and to avoid social venues including “pubs, clubs and theatres“....more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Infectious Diseases ,
Landlords ,
Public Health ,
Real Estate Market ,
Rent ,
Rental Property ,
Retailers ,
Tenants ,
UK
Earlier this month the Court of Appeal decided the case of Captain Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter. The case concerned whether statutory notices of proceedings for possession, served under...more
When a landlord is carrying out works it is usually impossible to avoid some level of disturbance to tenants. On that basis, previous case law has made clear that a landlord carrying out works will need to take “all...more
In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to...more
The case of London Kendal Street No3 Limited v Daejan Investments Limited (2019) provides some useful guidance on what a landlord needs to show in order to successfully oppose a tenant’s right to renew its tenancy on the...more
Hogan Lovells recently represented the landlords in SHB Realisations Limited and GB Europe Management Services Limited v Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2) Limited, a case confirming that it is...more
The Supreme Court has handed down its judgment in the case of S Franses Limited v The Cavendish Hotel (London) Ltd in the most important 1954 Act case for decades. ...more
Although company voluntary arrangements have stolen the headlines this year, there are many other tenants, particularly those in the retail sector that are not seeking to reduce their rents but simply falling into arrears. ...more
The English High Court has decided that collapsed retailer British Home Stores cannot challenge its own company voluntary arrangement as an unenforceable contractual penalty and must repay rental discounts to its landlords...more