The Green Deal
What is the Green Deal? The Green Deal started on 28 January 2013. All property owners are eligible for the scheme including owner-occupiers, landlords, private tenants and those in social housing. This is a new government initiative to improve the … Continue reading
Lease Surrender Relieves Obligation to Reinstate
The post-Christmas period is traditionally a tough one for retailers, and commercial landlords are well aware of the likelihood that tenants will have difficulty in the winter months. Where these problems result in the insolvency of a corporate tenant, it … Continue reading
Residential landlord handed maximum penalty for “minor” breach
A residential landlord who failed to provide his tenant with all the prescribed information relating to his deposit within the 30 day limit has been handed the maximum penalty possible by the Court of Appeal. Most residential landlords will know … Continue reading
Can Former Houses used for Commercial Purposes Fall Within The Right To Buy The Freehold Laws?
The Leasehold Reform Act 1967 (“LRA 1967”) allows some leaseholders of houses the right to buy the freehold – referred to as “Enfranchisement”. Whilst some freeholders will sell without the need to follow the procedure set out in the LRA … Continue reading
Consenting to Infringement of Right of Light
A recent Court ruling has considered the effect of the wording of a transfer of part of a property which allowed development, even if it interfered with the access of light to the retained/neighbouring land. In this note, we have … Continue reading
Update: Squatting as a Criminal Offence
As we outlined in our article back in July 2012, as of 1 September 2012, squatting has become a criminal offence. In particular, this law protects owners of vacant residential properties such as landlords, second home owners and local authorities … Continue reading
Empty Rates Liability
Back in 2007, the last Government changed the empty property rates regime with a view to increasing competitiveness, efficiency and fairness. As a result regulations were brought into force in 2008 which reduced empty property rates relief for commercial properties … Continue reading
Pre-Administration Rents Not Expenses of Administration
When a tenant becomes insolvent and the administrator intends to carry on trading from the rented premises, the administrator takes over responsibility for the payment of rent to the landlord from the commencement of the administration. Typically in such cases, … Continue reading
Landlord’s Failure to Extend Its Own Lease Leaves Subtenant in Place
When a lease of commercial premises expires, the tenant under the lease has the right to request a new lease from its landlord if the lease has not been excluded from the protection of the Landlord and Tenant Act 1954 … Continue reading
Relief from forfeiture cannot be granted by agreement between the parties
Forfeiture When a tenant fails to adhere to its lease obligations, for example for non-payment of rent, it is common for the landlord to exercise its right under the lease of forfeiture to re-enter and take possession of the premises. … Continue reading
5 Things You Need to Know About Japanese Knotweed
Japanese Knotweed was introduced into Britain in the 19th century as an ornamental plant but, due to a lack of natural predators in our ecosystem, it didn’t take long for knotweed to spread from the Victorian gardens and begin its … Continue reading
Squatting in a residential property to become a criminal offence
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the “Act”) creates a new offence of squatting in a residential building. The Act defines “building” as including any structure or part of a structure (including a … Continue reading