On 17 July 2024, the King announced a new Renters’ Rights Bill (“RRB”) to be introduced “to give greater rights and protections to people renting their homes...” The RRB has not yet been published however the background...more
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
High Court Weighs Up Landlord’s Redevelopment Plans With Tenant’s Security of Tenure in Business Lease Renewal -
A landlord sought an immediately exercisable break in an unopposed business lease renewal to facilitate a...more
Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd -
A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few...more
Last year the Upper Tribunal held that holders of concurrent leases that are subject to pre-existing Telecoms Code agreements cannot be treated as a ‘party to the agreement’, effectively sterilising their ability to terminate...more
In this quarter’s edition, we cover cases concerning continuing nuisance, business lease renewals, “subject to contract” and misrepresentation. We also tell you about the new Renters (Reform) Bill recently introduced to...more
6/29/2023
/ Cause of Action Accrual ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Renewal ,
Lease Term ,
Misrepresentation ,
Nuisance ,
Proposed Legislation ,
Redevelopment ,
Residential Leases ,
UK ,
UK Parliament ,
UK Supreme Court
The Renters (Reform) Bill was introduced to Parliament on 17 May 2023. It proposes an overhaul of the residential tenancy system, intended to put renters in a better position. This note sets out some of the key provisions of...more
BARTON V MORRIS:
Supreme Court refuses to award commission for £6m residential property sale -
Mr Barton had made two failed attempts to purchase a property in Northolt, costing him almost £1.2m in forfeited deposits....more
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
10/3/2022
/ Commercial Leases ,
Commercial Tenants ,
Contract Termination ,
Contract Terms ,
Coronavirus/COVID-19 ,
Housing Developers ,
Landlords ,
Real Estate Development ,
Relief Measures ,
Service Charges ,
Telecommunications ,
UK
Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more
Summary -
..Johnson –v- Spooner & Another – “Subject to contract” label not always conclusive.
..Milestar Limited –v- (1) Narendra Gandesha & (2) Homerton Holdings Limited – Can a tenant’s cross-claim defeat a...more
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
3/30/2022
/ Commercial Leases ,
Consent to Assignment ,
Contract Renewal ,
Guardians ,
Landlords ,
Real Estate Investments ,
Real Estate Transactions ,
Rent ,
Residential Leases ,
Restrictive Covenants ,
Right to Possession ,
Tenants ,
UK
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
12/23/2021
/ Arrearages ,
Business Closures ,
Commercial Leases ,
Commercial Real Estate Contracts ,
Common Areas ,
Contract Renewal ,
Coronavirus/COVID-19 ,
Flooding ,
Landlords ,
Notice Requirements ,
Property Damage ,
Rent ,
Residential Leases ,
Service Charges ,
UK
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
11/17/2021
/ Arbitration ,
Arrearages ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
Landlords ,
Moratorium ,
Pending Legislation ,
Relief Measures ,
Rent ,
Rental Property ,
UK
Briefcase: Quarterly Real Estate Update - Cases and News including:
..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited
..Monsolar IQ Ltd v Woden Park...more
10/1/2021
/ Chattel ,
Commercial Leases ,
Commercial Real Estate Contracts ,
Commercial Tenants ,
Contract Termination ,
Contract Terms ,
Coronavirus/COVID-19 ,
Fixtures ,
Insolvency ,
Landlords ,
Lease Termination ,
Non-Payment Clauses ,
Rent
The Government has finally published its response to the call for evidence in relation to Covid-19 commercial rent arrears, along with a policy statement about the proposed new legislation it plans to introduce before the...more
8/13/2021
/ Arrearages ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Forfeiture ,
Moratorium ,
Policy Statement ,
Relief Measures ,
Rent ,
UK
What changed?
At the start of the Covid-19 pandemic, the Government sought to ensure that renters, especially those who are vulnerable and on low-incomes, received the support they needed to see them through the pandemic,...more
In Smoke Club Ltd and others v Network Rail Infrastructure Limited, the Upper Tribunal held that the claimants had an inferred periodic tenancy but no claim under proprietary estoppel. A lease of any kind was never agreed....more
The Upper Tribunal has provided welcome clarity on when a landowner may resist the imposition of a new “full” agreement under the Electronic Communications Code in Cornerstone Telecommunications Infrastructure Ltd v...more
This note provides a brief summary of the measures (and applicable timescales) that have been implemented during the Covid-19 pandemic, that impact landlords’ remedies for tenant default as at 1 October 2020.
...more
The Corporate Insolvency and Governance Act 2020 was passed on 25 June 2020. The legislation has been in contemplation for a number of years, and has implemented a significant reform to the UK's restructuring and insolvency...more
10/2/2020
/ Commercial Tenants ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Corporate Insolvency and Governance (CIG) Act 2020 ,
Insolvency ,
Landlords ,
Moratorium ,
Personal Liability ,
Time Extensions ,
UK ,
Winding Up Petitions
In this note we set out a menu of possible options available to landlords whose tenants already have, or likely will, default on rent payments and other lease obligations, with some practical tips. Before taking any action in...more
This table summarises landlords’ main options in the event of tenant default, and sets out some advantages, disadvantages and practical tips for each remedy (factoring in current Covid measures/restrictions as at 1 October...more
The recent Supreme Court case of Duval v Randolph Crescent concerns the question of whether a landlord may allow a departure from a tenant’s lease covenant in a multi-let building, where the leases of the other tenants in the...more
With a large number of retail and restaurant premises closing temporarily due to COVID-19, there is an increased risk of squatters breaking into commercial premises.
Unlike residential premises, it is not a criminal...more