This checklist sets out the key issues that a landlord should be aware of if a tenant fails to pay the rent due under the terms of a commercial lease: Your tenant may become liable to pay interest (often at a rate higher than bank base rate) on the unpaid rent. Your tenant may be[…]
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Checklist: Break clauses in commercial leases What is a break clause? A break clause can be included in a fixed-term lease allowing either you or your landlord to terminate the lease early. Exercising a break clause brings the lease to an end. However, where the landlord breaks the lease, there is legislation in place that[…]
Key points on Lease Expiry The best practice to prevent a Tenant acquiring rights under the Landlord & Tenant Act 1954 (1954 Act) on the expiry of a lease contracted out of the 1954 Act is the following:- 1.The landlord (including its agents) should not to demand or collect any payment (whether as rent, mesne[…]
In Spencer v Taylor [2013] EWCA Civ 1600 the Court of Appeal has taken time, once again, to examine the provisions of section 21 Housing Act 1988, a subject dear to the heart of many private and social landlords. The facts were these. Mr Spencer, the landlord, wished to terminate an assured Shorthold tenancy that[…]
In what has been described as a ground-breaking decision this week, the Court of Appeal has ruled on how and when rent is to be paid to commercial landlords following the Administration of a tenant. In Jervis and Others v Pillar Denton Ltd and others [2014] EWCA Civ 180, the Court of Appeal have overruled[…]
Tenancy Deposits – where are we now and why is 24 June 2015 important? Deposits paid under Assured Shorthold Tenancies have been the source of many sleepless nights by landlords who were reeling after the full implications of the decision in Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 percolated through the residential housing system,[…]
Over the past 20 years the law has increasingly sought to control abusive behaviour within domestic relationships. There was a time when police demonstrated the greatest reluctance to turn out for what might have been considered “a domestic” – a disturbance, or worse, within the family home. That began to change in 1996 with the[…]
When one party has decided to start Divorce proceedings there can be a worry that if they do, their spouse will refuse to “sign the papers”. It is not uncommon when a relationship breaks down for one party to feel that the other will cause significant difficulties when a Divorce Petition is issued. Whether this[…]
Parental Responsibility or PR means all of the rights, duties, powers and responsibility which a parent has in relation to the child and their property. These rights exist so that a parent can carry out their parental duties. There is no definitive list of these rights and duties as they will change throughout a child’s[…]