News & Analysis as of

Landlords Contract Terms United Kingdom

Mayer Brown

Purpose Built Student Accommodation and the Renters’ Rights Bill: Where Are We Now?

Mayer Brown on

As the Renters’ Rights Bill (the "Bill") makes its way through the Committee Stage of the House of Lords, its implications for student accommodation have emerged as one of the more technically difficult areas to address....more

BCLP

Longer Leases, Lower Ground Rents and Leasehold Liberation: Residential Reforms in the King’s Speech Explained

BCLP on

The King’s speech announced a new Leasehold and Freehold Reform Bill ‘to reform the housing market by making it cheaper and easier for leaseholders to purchase their freehold and tackling the exploitation of millions of...more

Katten Muchin Rosenman LLP

Gotta Have [good] Faith

This advisory discusses the recent case law developments on the express duty of "good faith" in English law and what they may mean within the context of commercial real estate....more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

Hogan Lovells on

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

Hogan Lovells

Green lease clauses in the UK: a litigious environment

Hogan Lovells on

Green lease clauses are now fairly commonplace, with most leases including some sort of ‘green’ obligation. For example, many leases already include ‘green’ covenants relating to the manner in which alterations are carried...more

BCLP

Briefcase - Quarterly Real Estate Update - September 2022

BCLP on

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

BCLP

Leasing - liability for rent during the pandemic

BCLP on

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

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - July 2021

BCLP on

Briefcase: Quarterly update on key real estate cases including: Pandemic Clause Included in Business Lease Renewal - ..A shopping centre lease renewal decision contains useful guidance on how the court will assess...more

Hogan Lovells

The UK High Court considers the impact of COVID-19 on rent assessment in lease renewal proceedings

Hogan Lovells on

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

Hogan Lovells

UK COVID-19 rent arrears: Courts provide clarity in a series of important cases

Hogan Lovells on

It has been a busy couple of weeks in the UK with judgments in two important cases concerning COVID-19 rent arrears: Commerz Real Investmentgesellschaft mbh v TFS Stores Limited (TFS) ...more

Hogan Lovells

Landlords have freedom to decide how to apportion service charges between commercial tenants in McKinsey case

Hogan Lovells on

The High Court has ruled that a landlord has authority to decide the “due proportion” of the service charge that is payable by each of its tenants. Criterion Buildings Ltd v McKinsey and Company Inc (UK) and another [2021]...more

Hogan Lovells

Tenant fails to satisfy break clause in latest VP ruling

Hogan Lovells on

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant...more

Hogan Lovells

COVID-19 UK – Additional breathing space…but tenants who can pay should

Hogan Lovells on

Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days.  Outside of...more

Hogan Lovells

COVID-19 UK: Landlord and tenant insurance issues

Hogan Lovells on

As the COVID-19 pandemic spreads across the globe, so does uncertainty. Landlords and tenants are facing unprecedented impacts on their businesses, and it is no surprise in this environment that both parties are looking to...more

Hogan Lovells

COVID-19 UK: The impact on rent review

Hogan Lovells on

It will not have escaped the attention of anyone in the real estate industry that today is the March quarter day. For many landlords and occupiers, the immediate focus will be on rent payments due today and the media are...more

Hogan Lovells

Mistakes in notices: useful guidance from the Court of Appeal

Hogan Lovells on

Earlier this month the Court of Appeal decided the case of Captain Nigel Crighton Pease v Jeffrey William Carter and Louise Mary Carter. The case concerned whether statutory notices of proceedings for possession, served under...more

Hogan Lovells

A Leap Day Bonus

Hogan Lovells on

Wishing you a Happy Leap Day for tomorrow! Traditionally the day for women to issue marriage proposals, 29 February may also have an unexpected consequence for buyers and sellers of commercial properties when they work out...more

Hogan Lovells

Noisy works: a useful reminder for landlords

Hogan Lovells on

When a landlord is carrying out works it is usually impossible to avoid some level of disturbance to tenants.  On that basis, previous case law has made clear that a landlord carrying out works will need to take “all...more

Hogan Lovells

Landlord consent case splits the Supreme Court

Hogan Lovells on

Property cases do not often make it all the way to the Supreme Court, let alone cases relating to a landord’s refusal of consent under a lease.  For that reason alone, the Supreme Court Justices’ decision in the case of...more

BCLP

The evolution of Property Management Agreements in the Build to Rent sector

BCLP on

Property Management Agreements (“PMAs”) have been around for years and typically follow the same format. However, the growth of the Build to Rent (“BTR”) sector has caused a re-think of the “usual” terms to ensure it reflects...more

Katten Muchin Rosenman LLP

Understanding the Homes (Fitness for Human Habitation) Act 2018

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

White & Case LLP

When Do Defects Prevent Practical Completion?

White & Case LLP on

Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

Katten Muchin Rosenman LLP

Brexit Frustration—High Court Rules on Important Landlord and Tenant and Commercial Case

The High Court in London has recently given judgment in one of the first UK cases to grapple with the commercial ramifications of the UK's departure from the European Union....more

Hogan Lovells

Ruff Justice: implying reasonableness in applications for consent

Hogan Lovells on

A management company’s refusal of consent to keep a pet in a flat gives us an opportunity for bad puns and gives landlords ‘paws’ for thought. After Mr and Mrs Kuehn bought a leasehold flat in East London, only one thing...more

A&O Shearman

Contract variation just got easier – mitigating the risk of inadvertent change

A&O Shearman on

In finding that an oral agreement to defer payments was legally binding, the Court of Appeal in MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553 has confirmed the limitations of “no variation”...more

25 Results
 / 
View per page
Page: of 1

"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