Latest Publications

Share:

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

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

Business Rates: Decisions About Material Changes of Circumstances “in the Locality”

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

Briefcase 2024 Quarter 1: Key Real Estate Cases and Updates

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

Briefcase Quarterly Real Estate Case Update: Special Supreme Court Edition - March 2023

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

Ground rents and the costs of protecting tenants

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

Do you want to know how much your business will be paying in business rates from 1 April 2023?

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

Briefcase - Quarterly Real Estate Update - September 2022

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

Rating case note - the socio-economic value of museums

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

Leasing - liability for rent during the pandemic

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

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

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

How long does a landlord have to respond to a request for consent to assign?

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

Property guardians - is there a risk of a guardian becoming my tenant?

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 Update: Key Real Estate Cases - December 2021

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

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

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

How can a landlord recover possession of business premises so that it can occupy for its own business?

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

Empty property rates

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

Empty property rates in England; no more guarding the guardians?

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

Bound to fail: Can I rely on my restrictive covenant to prevent building on neighbouring land?

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

My office is almost empty because of the pandemic - can I get a rates reduction?

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

Empty property rates in England; guarding the guardians?

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

Empty property rates in England; how can a business mitigate its liability?

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

Business Rates win for retailers in UK Supreme Court

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

Asset management in England and Wales: using a court claim to recover rent arrears for business premises

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

UK Coronavirus Act 2020: Business Tenancies - protection from forfeiture for non-payment of sums due under the lease

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

Coronavirus Act 2020 (England and Wales) Business Tenancies - protection from forfeiture for rent arrears

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

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide