Related insights: Property Disputes


COVID rent arrears and part 36 offers

03 Dec 2021
In the latest judgment in the long-running London Trocadero (2015) LLP v Picture House Cinemas Ltd litigation over COVID rent arrears, the Court has dealt with various issues arising out of the landlord's part 36 offer made to the tenant and its guarantor before proceedings were issued.

Business Secretary Kwasi Kwarteng announces 'new laws and a code to resolve remaining COVID-19 commercial rent debts'

12 Nov 2021
The Commercial Rent (Coronavirus) Bill establishes a legally-binding arbitration process to resolve outstanding issues between commercial landlords and tenants on how to share the burden of commercial rent debts arising out of the pandemic. The legislation is, subject to Parliamentary passage, due to come into force next year with a probable target date of 25 March 2022.

Another defeat for tenants in the COVID rent battle

29 Sep 2021
In its judgment in the latest COVID rent case, London Trocadero (2015) LLP v Picture House Cinemas Ltd (28 September 2021) the High Court has inflicted another defeat on tenants seeking to avoid paying rent arising during COVID lockdown periods.

Coronavirus rent arrears protection - new government update

05 Aug 2021
On 4 August 2021, the government updated their earlier statement in June 2021 which flagged new legislation to introduce binding arbitration in respect of COVID-related rent arrears. Whilst any clarification on the proposed ringfencing and rent arrears arbitration scheme is to be welcomed, there still remains very considerable doubt as to precisely how the scheme will work.

Assessment of interim rent under Landlord and Tenant Act 1954

22 Jun 2021
The County Court has just given judgment on the renewal terms of S Franses' lease at 80 Jermyn Street, London. It will be recalled that, before the pandemic, S Franses defeated its landlord's opposition to renewal under ground (f) of the 1954 Act, in high profile litigation before the Supreme Court. 

CVAs still in fashion as New Look successfully defends challenge

12 May 2021
In the hotly anticipated judgment of Mr Justice Zacaroli in the case of Lazari Properties 2 Limited and Ors and New Look Retailers Limited ("New Look") [2021] EWHC 1209 (Ch) New Look has successfully defended a challenge to its CVA on the grounds of jurisdiction, material irregularity and unfair prejudice. The judgment confirms once again that differential treatment of creditors does not on its own establish unfair prejudice but that it will be a matter for determination based on all the circumstances of the case.

Unopposed lease renewal case provides insight into Court's approach to determining new lease terms

22 Apr 2021
The recent case of WH Smith Retail Holdings Limited v Commerz Real Investmentgesellshaft MBH is an unopposed lease renewal case under the Landlord and Tenant Act 1954 (the Act).
As a relatively rare example of an unopposed lease renewal case that proceeded to trial, this case provides insight into the Court's approach to determining terms of a new lease where there is no agreement between the parties. The terms of particular interest in this case were the trigger pandemic rent suspension clause, the rent payable under the new lease, and the interim rent payable

Consultation on protections for commercial tenants

08 Apr 2021
The Government has published a consultation paper and questionnaire, seeking responses and evidence from the property industry generally as to how negotiations have fared over the pandemic period between commercial landlords and tenants on rescheduling rent liabilities. This is intended to inform possible future legislation to deal with the upcoming end of tenant protection measures on 30 June 2021.