All posts tagged "2013"
Tenancy Expiry and renewal – Some Pitfalls
Dec 2013 – On expiry of a business tenancy that qualifies for renewal rights per the Landlord and Tenant Act 1954 Part II, (“LTA54”), and where the landlord is not opposing grant of a new tenancy, it is common, when the tenant wants to renew, even if negotiations are not underway, for the tenant to […]
Purpose of Rent Review
Dec 2013 – The purpose of rent review is threefold: 1) to enable the landlord to review the rent payable; 2) for the tenant to ensure the rent payable is no more or less than it should be; 3) for both parties to monitor the performance of the location […]
Procedure for review
Dec 2013 – The starting point for operation of a rent review is some form of notice. The form and phrasing of the notice, the timing of the notice, the mode of service, the identity of the recipient, the address for service, and so on, are all critical factors. Where a lease requires the tenant […]
Negotiation – restoring the balance of power
Dec 2013 – Notwithstanding Reed Personnel Services plc v American Express Ltd [1996] wherein the court said it is “not good for the tenant to say what is good for the landlord” many tenants are fond of negotiating as if they were the landlord. Although technically cutting no ice, it’s an approach that can succeed […]
Important – Take Notice
Dec 2013 – Amongst the many aspects of my work I love is lease analysis. Possibly it’s the same reason many people enter the legal profession, but for me the prospect of being able to pour over every word and phrase and get bogged down in detail is stimulating. Perhaps because investment is mostly about […]
Guarantor v Rent Deposit
Dec 2013 – Where a tenant is a company and the landlord requires a director as guarantor or a rent deposit, that person is exposed to both the risk of rent and all other terms and conditions of the tenancy, should the company default. But an advantage to the tenant in opting for a guarantor […]
Five Key Dates
Dec 2013 – For purpose of agreeing or determining a rent, there are five key dates: 1) the review date;2) the valuation date;3) the earliest date for implementing the dispute resolution procedure4) the date when the revised rent is payable; and5) the date when any back rent is payable. The review date is either specifically […]
Business Rates
Dec 2013 – The Government has announced that the five-yearly revaluation of all commercial properties in England will be postponed from 2015 to 2017. Every 5 years, commencing April 1990, Rateable Values are revalued, based on rental values at the antecedent valuation date, 2 years previously. For example, 2010 Rateable Values (which came into force […]
Mixed User Buildings and Service Charges
Jun 2013 – When a building comprises ground floor commercial premises let on a business tenancy, and upper part residential flat sold on a long lease, there are two ways for the landlord to recover the costs and expenses incurred by the landlord in connection with repair and decoration of the common parts of the […]
Privity of Contract and Authorised Guarantee Agreement
Feb 2013 – It is an established rule of English law that a person can only enforce a contract if he (or she) is a party to it, or a lawful assignee of the benefit of the contract. For a business tenancy, the “privity of contract” doctrine means the first (original) tenant can assign his […]
Letting a Tenant off the Hook
Jan 2013 – With a business tenancy, agreeing the documentation is rarely straightforward at the best of times so, unless the lease contains a tenant–break, a landlord won’t normally expect the tenant to want to quit before expiry of the contractual term. When a tenant asks to be let off the hook, whether to agree […]