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
In the 20 years since the Landlord and Tenant Act 1954 (Part II) was updated in 2003, there have been increasingly vocal calls for it to be revisited. The government announced a review in December 2020, but this fell by the...more
Camilla Lamont and Paul Tonkin consider the potential effects of the MEES Regulations on commercial lease rent reviews. ESG considerations are increasingly dominating the conversation between commercial landlords and their...more
This is a very high level guide based on the current draft of the Commercial Rent (Coronavirus) Bill published on 9 November 2021. It is not intended to be exhaustive and the legislation may well be amended during its passage...more
A further judgment has been handed down in respect of COVID-19 rent arrears. Implied terms, failure of consideration and set-off, were all cited as reasons why the tenant ought not to pay its rent during periods of...more
The UK Government yesterday announced that it will proceed with the phasing out of temporary measures introduced to protect businesses from creditor action during the COVID-19 pandemic, whilst also announcing new measures to...more
The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more
The High Court has today handed down judgment in the closely watched case of Canary Wharf (BP4) T1 Limited and others v European Medicines Agency. ...more
Further pressure in the retail and casual dining sector -
This one will come as no surprise. Even before 2019 got truly underway, we saw the news of HMV’s (second) administration as the effects of a sluggish Christmas...more