Issue 1
Commercial Leases and virtual assignments - a useful tool or now a
redundant device?
A recent case (Clarence House Ltd v National Westminster Bank
Plc) examines whether virtual assignments are a breach of the
assignment provisions in a lease.
What effect does accepting a cheque for rent arrears have on a
landlord's right to end a lease?
The decision in Osibanjo v Seahive confirms the position
in relation to accepting rent from a tenant in arrears and the best
procedures to be adopted.
A tenant's
challenge to service charge liability
A recent decision (Boots UK Limited v Trafford Centre) is
a useful authority for any tenant seeking to ensure that they are
only paying for valid service charge items.
Assigning a lease - can a landlord insist on a guarantor and if so
for how long?
This Court of Appeal decision (Landlord Protect Ltd v St
Anselm Development Co Ltd) made it clear that Landlords cannot
normally enhance their rights when dealing with applications to
transfer a Lease.
Protecting Squatters'
rights
Ofulue v Bossert re-examines some important legal
principles and sets new law in favour of squatters.
SDLT - You must now attribute some of the sale price to
goodwill
To what extent should you apportion part of the purchase price of a
business to goodwill?
Business rates and
empty properties
Since April 2008 companies in administration have no longer had to
pay business rates in respect of empty properties.
Restraining Landowners from lawful activities on their own land
where they interfere with another party's rights
The decision in Carter v Cole reaffirms important
derogation from grant principles.
Rent deposits can be retained even if a tenant company goes into
administration
Generally the Insolvency Act 1986 imposes a moratorium on actions
that can be taken against a company in administration.
Does the disclaimer of a lease also end a guarantor's
liabilities?
We take a look at the important Court of Appeal decision in
Gabriella Shaw v Hazel Doleman.
For further details, please contact Nyree Applegarth on 01384 342100.
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