SCOR - 2016
Now in its sixth year, the Service Charge Operating Report (SCOR) for Offices continues to provide detailed cost bench marking information for all stakeholders within the industry.
SCOR - 2016
Now in its sixth year, the Service Charge Operating Report (SCOR) for Retail continues to provide detailed cost bench marking information for all stakeholders within the industry.
M&S v BNP Paribas
Supreme Court says no “business efficacy” ground for implying a term allowing recovery of a tenant’s excess final rent payment made prior to a mid-quarter break.
Repairs Briefing Note
The removal by a tenant of a valuable Banksy street art spray-paint mural was said not to be justified on repair grounds and the mural was the landlord’s property or chattel.
Though more could have been done by a club whose car park was being trespassed upon, it was held that signs to the world at large restricting access were enough to prevent a right of way by prescription from arising.
The Court of Appeal has confirmed that a landlord who opposes the grant of a new
business tenancy on ground (f) must establish its intention to redevelop at the
hearing date, not at the date of service of the notice.
The High Court has reconfirmed that letters and emails can be relied upon at trial regardless of their containing the heading “without prejudice” if at the time they were written there was no dispute between the parties.
Invalid break notices
The Scottish Court of Session, Outer House has recently held that where a tenant was required under a lease not to be in breach on serving a break notice “and/or” on the break date, the tenant’s substantial repair works between those two dates were of no avail.
Evicted tenant's goods
The High Court has recently provided useful clarification on how goods left in a
property by an evicted borrower or tenant are to be dealt with by a lender or
landlord after they recover possession.
The Court of Appeal has stated unequivocally: “If you want to avoid expensive litigation, and the possible loss of a valuable right to break, you must pay close attention to all the requirements of the [break] clause, including the formal requirements, and follow them precisely.”
In a recent case the High Court determined that a tenant’s Calderbank Offer on rent that was above market level when it was made but below market level at the date of determination could properly be disregarded on costs.
In a case which illustrates the impact of years of recession on commercial rents in some parts of the country, the High Court in Bywater Properties Investments v Oswestry Town Council (2013) has rejected tenants’ arguments that they should have their rent on shop premises reduced to levels that were first agreed in the 1960s.
Tenancy at will
A tenant who stayed on after the expiry of his lease was not obliged to give six months’ notice before ceasing to pay rent on office premises, as only a tenancy at will.
A ‘heap of rubble’ triggered a commercial tenancy dispute, providing guidance on the duties of commercial landlords to maintain the appearance of demised premises.
Court of Appeal determined that companies in administration who retain possession of leased properties must pay rent for the period they occupy and not by reference to quarter days.
Court of Appeal stated silience in the face of an offer to mediate or undertake some other form of ADR will generally be deemed as unreasonable conduct when considering costs.
Expert witnesses who come before the courts must have more than general knowledge or experience of matters on which they give evidence and not be closely connected with parties.
Sureties in leases
Outlines correct approach to sureties given in commercial leases as freeholder, whose tenant became insolvent leaving rent arrears of more than £280k, unable to collect debt from parent company.
The Upper Tribunal has clarified exactly when relevant costs are to be taken to have been “incurred”, for the purposes of the 18-month time limit on the recovery of service charges from tenants.