Further to my previous briefing “Tenant protections extended and expanded”, this month has seen further changes to the possession claims regime in England and Wales for both commercial and residential properties, some of which come into force today, 21 September…
Eleventh hour extension to the stay on possession claims In a move which surprised many, the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 were laid before Parliament on 24 August 2020. They amend Civil Procedure Rule (“CPR”) 55.29(1) from 22 August…
In his numerous press briefings and speeches in Parliament, the Chancellor, Rishi Sunak, has become synonymous with describing our current times as “unprecedented”. With reference to commercial property, this word could not be more apt. From 23 March all non-essential…
Most tenants have been asking their landlords for some form of assistance with their rent at least temporarily. Some have asked to pay rent monthly, some have asked for a deferral, and some have asked for rents to be waived…
The Coronavirus Act 2020 (‘the 2020 Act’) came into force on 25 March 2020 and sets out provisions aimed to assist commercial tenants affected by the situation caused by COVID-19. Section 82 of the 2020 Act will be of interest to…
As the impact of Covid-19 continues to disrupt trade and commerce around the world, both businesses and individuals are trying to comply with their obligations under contracts already in place. This includes contracts relating to property, under which rent continues…
The coronavirus outbreak is already having a significant impact on businesses both large and small, with the knock-on effects resulting in many businesses and individuals struggling to meet their obligations under rental agreements. The government has made several announcements over…
The Case of The Fragrance Shop Stores v The Designer Retail Outlet Centres (Mansfield) General Partner Limited [2019] EWHC 1363 (Ch) offers some welcome clarity in the area of contracting out under sections 24-28 and 38A of the Landlord and…
The term ‘practical completion’ does not have a standard definition but generally means that the building project is complete, save for minor defects that can be remedied without causing interference to an occupier. If defects are material, rather than minor, it…
In September 2018, the Royal Institution of Chartered Surveyors (RICS) published a professional statement entitled ‘Service charges in commercial property, 1st edition’.[1] The statement is intended to set a marker for the standards of management required in commercial property leases. It…
