Advance rental payment and break clauses

admin December 3, 2015

Legal experts Taylor Wessing  report on a important commercial real estate landmark ruling on the advance payment of rent pursuant to a break clause.

M&S not entitled to cashback on checkout – Marks and Spencer v BNP Paribas


Crucial Supreme Court ruling confirms landlords can keep rent paid in advance where tenants break midway through a rental period.

After years of uncertainty, the Supreme Court… read the rest of “Advance rental payment and break clauses”

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Proving intention to redevelop

admin April 15, 2015

The Landlord and Tenant Act 1954 provides protection for both landlords and tenants when dealing with lease renewal rights. However, AT WHAT POINT does a landlord of commercial property need to prove his intention to redevelop in order to successfully oppose the renewal of a '54 Act protected lease? Legal experts Taylor Wessing outline a recent case which seeks to deal with this point;

Hough v Greathall Ltd [2015] EWCA Civ 23… read the rest of “Proving intention to redevelop”

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Commercial lease break – pre-emptive strike!

admin January 13, 2015

Real Estate legal experts Taylor Wessing report on Royal Mail's request for guidance on a forthcoming lease break and its importance;-

In light of the recent Court decisions on break clauses that have gone against tenants (please see TW's article on the M&S break litigation),  another FTSE 100 tenant, Royal Mail, has now decided to take a pre-emptive strike (Royal Mail Group Ltd v Airport Industrial GP Ltd and another). In… read the rest of “Commercial lease break - pre-emptive strike!”

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Energy performance of commercial property – an important consideration

admin August 1, 2014

Estates Gazette interactive highlights the importance of improvements to commercial property – ‘With the legislative change just 48 months away, prospective purchasers are already using sub-standard EPCs to chip prices. But the market can’t do it all. The government must explain exactly how it will enforce the Act. As importantly, every property owner needs to ensure every one of its buildings is up to standard.’, 25-04-2014.

The Energy… read the rest of “Energy performance of commercial property - an important consideration”

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Landlords liability for business rates when a tenant gets into trouble

admin July 30, 2014

CMS Cameron McKenna Reports on an important rates liability case for landlords;

Business rates are an unwelcome liability for a landlord, particularly when a landlord is pursued when a tenant falls into difficulty.

The High Court ruling in Schroeder Exempt Property Unit Trust and another v Birmingham City Council [2014] EWHC 2207 provides helpful clarification on the issue of liability for the payment of business rates following the… read the rest of “Landlords liability for business rates when a tenant gets into trouble”

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