The Law Commission’s review of the Landlord and Tenant Act 1954 was announced in Spring 2023, with a consultation paper – setting out the existing law, the problems with it, and possible solutions - anticipated by December...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
Where the parties can’t agree on the terms of a renewal lease under the Landlord and Tenant Act 1954, the Court has the power to decide those terms. But how does the court balance the competing demands of a landlord - keen to...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
The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA) received royal assent on 6 December 2022 following an extensive consultation process....more
The First Tier Tribunal (FTT) has allowed a landlord to dispense with the statutory requirement to consult with leaseholders prior to carrying out substantial fire safety works to a multi-storey residential building....more
In their judgment this week in the case of Aviva Investors Ground Rent GP Limited v Williams, the Supreme Court has curtailed the First Tier Tribunal’s jurisdiction to intervene in residential service charges. The reduction...more
In a long-awaited judgment handed down on 22 June 2022, the Supreme Court has addressed issues that have dogged telecoms operators and land owners since the revised Electronic Communications Code was introduced in 2016. ...more
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
The County Court has handed down its judgment in the case of Poundland Ltd v Toplain Ltd, in which Poundland Limited argued unsuccessfully that a renewal lease under the Landlord and Tenant Act 1954 should incorporate...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 Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the...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
It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more
Earlier this month the High Court handed down its judgment in the case of TFS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partner Limited and others which considered whether a number of leases had...more
The Homes (Fitness for Human Habitation) Act 2018 (the Act) came into force on 20 March 2019 (the Enforcement Date) and amends the existing legislation contained within sections 8 and 10 of the Landlord and Tenant Act 1985...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
Last year, we blogged here on the case of EMI Group Limited v O&H Q1 Limited. EMI was a case in which an assignment of a lease was rendered void, as it offended the provisions of the Landlord and Tenant (Covenants) Act 1995...more
The revaluation of rateable values for commercial properties in England, Wales and Scotland comes into effect on 1 April. This revaluation is politically controversial because it will likely cause business rates to rise...more