Key Lease Work Letter Issues When the Landlord Is Doing the Work
Real Estate Leasing Tips for Nonprofits
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Effective Lease Negotiations for Healthcare Practices
ASC 842: Private Companies On The Clock After Delay
Lease Negotiations – Interview with Jeff Moerdler, Member, Mintz Levin
Taking it Seriously: Unusual Lease Violations in Virginia
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
Since 6 April 2024, most payments made by landlords and tenants are outside of the scope of the Construction Industry Scheme (CIS). New CIS regulations were introduced with the aim of streamlining the UK tax framework in...more
Welcome to the latest edition of Overriding Interest. Inside this issue: - New Joiners - Articles of Interest - Events - Case Reports...more
As Rishi Sunak was deluged with rain announcing a general election on 4 July, those in the property world were wondering what this means for the flood of leasehold reform going through parliament. Here’s what you need to...more
2024 continues to deliver waves of ESG-related news, updates and developments. In this latest ESG Update Robert Gowing considers the challenges inherent in the planning system when it comes to adapting or upgrading heritage...more
On 21 March 2024, McGuireWoods London partner Callum Hassall moderated the third session of Bisnow’s UK Office Series: The Renaissance event, which focused on London’s office leasing landscape....more
The Freehold and Leasehold Reform Bill passed its second reading in Parliament on 11 December, and was described by Michael Gove – the Secretary of State for Housing, Communities and Levelling-Up - as the “effective...more
In back to school week, the presence of reinforced autoclaved aerated concrete (RAAC) in over 150 school buildings, posing a risk of collapse, dominated the headlines. However, the prevalence of RAAC in all kinds of local...more
The Building Safety Act 2022 introduced landlord and leaseholder certificates to help leaseholders understand which protections against the cost of remedial works apply to them. In this first part of our series on landlord...more
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
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
MEES Regulations have meant that since 1 April 2020 landlords of residential property have been prohibited from letting out properties below a minimum EPC rating of E unless they have registered an exemption. With the last...more
Takeaways - Sanctions operate prospectively and do not affect payment obligations to a non-sanctioned party accruing before sanctions became effective....more
In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s...more
English lawyers often take pride in the certainty afforded to commercial parties who chose English law to govern their contracts. In many respects, this faith is well placed. But is it becoming increasingly hard to predict...more
The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building...more
Many will be aware of the restrictions on the recovery of service charge, related to works to remedy fire safety defects in buildings over 11 metres in height, from residential leaseholders. This piece highlights the...more
German civil law differentiates between residential and commercial leases (Mietvertrag) and leaseholds (Pachtvertrag). Residential or commercial leases are more common than leaseholds: they grant the tenant a right to use the...more
This article looks at the impact and timing of the Leasehold Reform (Ground Rent) Act 2022, the first concrete step in the government's wider residential leasehold reforms. What? The Leasehold Reform (Ground Rent)...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
The Supreme Court has held that Right to Manage Companies acquire the right to manage the premises/flat itself and any physical property over which leaseholders have exclusive rights, but do not acquire rights to manage wider...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
On a protected lease renewal, a landlord may rely on the following "fault" grounds to oppose the grant of a new lease: (a) Failure by the tenant to comply with its repair and maintenance obligations...more
SUMMARY - In Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English Commercial Court has interpreted conflicting dispute resolution provisions and ordered a stay of court proceedings in...more
When considering options for the recovery of outstanding rent, landlords should remember that, in addition to recourse via an existing guarantor or a rent deposit, another avenue available to them in these challenging times...more