Related insights: Property Disputes
Commercial Rent (Coronavirus) Act 2022
18 May 2022
David Jones discussed the newly passed law and its implications.
'Green lease' terms in lease renewal proceedings under the LTA 1954
15 Mar 2022
In Clipper Logistics Plc v Scottish Equitable Plc, the County Court considered the approach to be taken to 'green lease' terms in lease renewal proceedings under the Landlord and Tenant Act 1954.
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.
Important decision concerning the renewal procedures under the Electronic Communications Code
26 Jul 2021
The Upper Tribunal (Lands Chamber) (the Tribunal) has issued an important decision concerning the renewal procedures under the (new) Electronic Communications Code (the Code).
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.
Moratorium on landlord action for commercial rent arears extended to 25 March 2022
21 Jun 2021
On June 16 2021 the government announced an extension of the existing moratorium on landlord action for rent arrears under the Coronavirus Act, from 30 June 2021 (when it was due to expire) to 25 March 2022.
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.
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