In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more
The Valuation Tribunal recently considered the impact of the Rushden Lakes Shopping Centre in Northamptonshire on rental and hence rateable values in neighbouring towns. The opening of the Centre had adversely impacted...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
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
The problem -
You are the landlord of a residential block in England. The flats in the block were sold on long leases. Each lease reserves a ground rent of £250 a year payable in two instalments every six months....more
It is a good question because the new rating list; the first for 6 years, takes effect on that day. The rateable values that are being compiled reflect letting values (more or less) as at 1 April 2021....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
Question -
I am the FD of a public sector body. We run a museum which does not charge for admission and operates at a deficit, however its contribution to local culture and ability to attract visitors to the area make it...more
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
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
I am the owner of a luxury three-storey leasehold apartment. My lease has 150 years to run. I want to sell by assigning the lease, but I need my landlord’s consent (not to be unreasonably withheld) to assign lawfully my...more
My company owns an empty property. I wish to retain a provider of “property guardian” services to secure it against squatters, vandals and dereliction. Is there a risk that the guardians may become tenants, entitled to...more
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
You are a landlord of business premises. You have owned the premises for more than five years. You have granted a lease of your premises to T, which is protected by the Landlord and Tenant Act 1954....more
Following recent court decisions, the options available to an owner of empty business premises to avoid a liability for empty property rates have been reduced.
This matters because no rates are payable for the first...more
A tax on failure -
The two taxes in England on the occupation of property are non-domestic rating (business rates) and, for domestic rating, council tax. Pre COVID, business rates yielded £30bn and council tax £36bn...more
A proposed development -
A developer has obtained planning permission to build some affordable housing, but the land on which it wishes to build borders my land. Several years ago, when the land was divided up from a...more
All change -
How often do we read “The pandemic has changed everything“? One thing that has not changed for an office occupier is the business rates bill. That is a problem, because while your rates cost stays the same,...more
The two taxes in England on the occupation of property are non-domestic rating and, for domestic rating, council tax. Pre COVID, business rates yielded £30bn and council tax £36bn annually. Rates are payable on business...more
A tax on failure -
Empty property rates is a tax on failure; the failure of the owner to find either a profitable use for the premises or a tenant to pay a rent. Since March 2020, reliefs have been available to cushion...more
The UK Supreme Court has given judgment on the rateability of the sites of ATMs hosted by retail outlets. It has ruled that ATMs operated by a company other than the store operator should be assessed as part of the host...more
How can a court claim help a landlord get the rent paid ?
A court claim can be an effective way to claim rent arrears from a tenant of business premises....more
What is proposed for business tenancies?
A section in the Coronavirus Act 2020 (the “Act”), which is the government’s emergency legislation, will stop landlords from enforcing their right to forfeiture of business tenancy...more
What is proposed for business tenancies?
A section in the Coronavirus Act 2020 (the “Act”), which is the government’s emergency legislation, will stop the forfeiture of business tenancies for non-payment of rent (including...more