Related insights: Property Disputes
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
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.
Telecoms case update: EE & Hutchison 3G v Aviva and others
17 Mar 2021
WBD acted on behalf of EE and Three (the Operators) in a successful application to the Upper Tribunal (Lands Chamber) (the Tribunal) to obtain rights under the Electronic Communications Code (the Code) over a rooftop site in Central London.
Extension of protection for commercial property tenants
11 Mar 2021
On 10 March 2021, the UK Government announced its plans to extend to 30 June 2021 the protection given to business tenants against forfeiture of leases for non-payment of rent. This is the fourth time that the protection has been extended since March 2020.
Existing protected tenants under the 1954 Act and the Telecoms Code
03 Feb 2021
Court of Appeal in CTIL v Ashloch and APW [2021] EWCA Civ 90.
Telecoms case update: EE Limited & Hutchison 3G UK Limited v Duncan & Others
19 Oct 2020
The Lands Tribunal for Scotland recently heard legal arguments in nine applications by EE Limited and Hutchison 3G UK Limited (“the operators”) under para 33 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (“the Code”). The Tribunal has since issued its decision on the legal issues that were debated at the hearing (EE Limited & Hutchison 3G UK Limited v Duncan & Others). This is the first decision issued by either the Lands Tribunal for Scotland or the Upper Tribunal under paras 33 and 34 of the Code.
Extension of protection from forfeiture in Wales
10 Sep 2020
A recent change to legislation in Wales concerning commercial landlords and their ability to forfeit business tenancies for non-payment of rent has been announced.
Update: gas safety certificates and the validity of a section 21 notice – Trecarrell House v Rouncefield
19 Jun 2020
The Court of Appeal decision in Trecarrell House v Rouncefield handed down on 18 June 2020 has found that a failure to provide a gas safety certificate before the commencement of the tenancy does not invalidate a s21 Notice so long as the certificate was given to the tenant at any time before the s21 Notice was served.
Surrenders and vacant possession – one without the other?
04 Jun 2020
The recent case of Dreams Limited -v- Pavilion Property Trustees Limited (May 2020) provides important lessons for landlords and tenants who have agreed a surrender of a lease. The principal issue in the case was whether, the tenant having agreed the surrender would be with vacant possession (VP), the landlord could refuse to accept the surrender unless and until VP had been given.
The Courts power to shorten or dis-apply the stay on possession claims in PD51Z
22 Apr 2020
To obtain possession of property from a residential tenant a landlord will invariably require a court order. In the vast majority of cases residential possession claims are dealt with under CPR PD 55. On March 18 the COVID-19 pandemic led the government to announce a radical package of measures which included emergency legislation to suspend new evictions from social or private rented accommodation.
Insights
Stay informed
