This category can only be viewed by members.

Remedies for Covid-19 arrears: The likely direction of travel

Keith Conway reviews the current state of play in relation to Covid-related commercial rent arrears following a recent judgment Master Dagnall found that there was no such thing as a ‘temporary frustration’ in law which could lead to a suspension of contractual obligations for a period of time only. After many commercial tenants were forced …
This post is only available to members.

Construction focus: Delay damages and termination – order is restored

What happens to an employer’s rights to liquidated damages for delay when a building contract is terminated before practical completion of the works has been achieved? Dan Cudlipp and Candice Johnson discuss a case that made it to the Supreme Court The consequence of the Supreme Court’s considerations was that while penalties remain outlawed, that …
This post is only available to members.

Overriding interests: Caretaking in context

Sukhninder Panesar explores a recent decision, which revisits the threshold required to be in actual occupation In relation to where an owner of land authorises a caretaker to look after the land, the question is whether a caretaker can be in occupation of the land on behalf of the owner? It is trite law that …
This post is only available to members.

Party walls: Airspace developments

There are issues involving the Party Wall etc. Act 1996 when it comes to airspace development, some of which are not always clear to developers. Edward John explains how problems arise, picks apart some of the tricky situations that developers are likely to encounter and offers a few tips for dealing with them Developers need …
This post is only available to members.

Construction focus: The Building Safety Fund – Procuring remedial works

Following last month’s article exploring the key considerations for leaseholders and building owners where fire safety defects are suspected or identified, Emily Holdstock summarises how to make a claim under the Building Safety Fund and the requirements of MHCLG to ensure that applications can proceed It is vital that building owners familiarise themselves with the …
This post is only available to members.

Telecommunications infrastructure: Further consultation

On 9 June 2021, the government launched its latest consultation on the Telecommunications Infrastructure (Leasehold Property) Act. Anna Mullins considers the proposals DCMS believe that Part 4A Orders, allowing telecoms operators to enter private property without the express permission of the property’s owner, should only be used where all reasonable efforts to communicate with the …
This post is only available to members.

Leasehold reform: More clarity required

Jonathan Frankel considers the government’s proposals on the abolition of ground rent following the recent announcement by Aviva and Persimmon to change the way in which they operate their leasehold properties Existing leaseholders with a short term left on their lease, which they are looking to extend, now have a real dilemma on their hands. …
This post is only available to members.

Landlord and tenant: To forfeit or not to forfeit?

Emma Wells considers the government’s proposals to extend the ban on evictions, what protection the right to forfeit offers commercial landlords in practice and the merits, or otherwise, of evicting commercial tenants for their failure to pay rent in the current climate A blanket ban on forfeiture for non-payment of rent leaves the system open …
This post is only available to members.

Rent and interim rent: Valuations in the time of Covid-19

Joanne Wicks QC considers the findings of S Franses Ltd v The Cavendish Hotel (London) Ltd ‘round two’ If the lease renewal is unopposed from the start, interim rent is determined under s24C, which contains a presumption in favour of the interim rent being the same as the rent for the new tenancy. In ordinary …
This post is only available to members.

The National Security and Investment Act 2021: Don’t be caught out

Geraldine Pigot considers the potential implications of the new National Security and Investment Act Failure to comply with the NSI Act can have far-reaching consequences for the entities involved and their officers. It is therefore vital that entities and their advisors understand how the NSI Act may affect their transaction. The National Security and Investment …
This post is only available to members.