A decision in the Upper Tribunal (Lands Chamber) suggests that business rates may be payable even where an intended occupant is carrying out substantial refurbishment works and cannot use the property for its intended purpose until the works are complete. If the intended occupant has particular requirements which other potential Read more…
Landlords with existing residential leases that provide for a third party to determine the service charge will be concerned by an Upper Tribunal (Lands Chamber) decision. The tribunal held that a provision in a lease of a dwelling that provided for the apportionment of the service charge by a third Read more…
Landlords will welcome the High Court’s comments on when sanctions for non-compliance with the tenancy deposit scheme (TDS) legislation are triggered. The tenant had argued that the section 21 notice served by the landlord was invalid, as, at the time of service, the landlord had not yet protected the deposit Read more…
In this month’s Commercial Property update Max Marrison looks at the future of turnover rent leases. Turnover rents are common in the retail sector and enable landlords and tenants to share the risk and reward of a tenant’s business. A turnover rent arrangement usually involves the tenant paying a base Read more…
In a recent case the Court of Appeal considered whether the tenant that exercised a break clause in a lease should be refunded rent for the period after the break date. In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another the tenant had Read more…
This month’s commercial property update highlights the practical issues that a tenant should consider when exercising a break clause in a commercial lease. What is a break clause? A break clause can be included in a fixed-term lease allowing either the tenant or landlord to terminate the lease early. Exercising Read more…