Tag Archives: Landlord and Tenant

Landlords, let’s be reasonable: otherwise you might pay the price

By Indeg Kerr on Posted in Ownership, Real Estate (UK), Real Estate Management
Landlords take note, on the back of a recent case, you face an increased risk that tenants will challenge costs which they are responsible for in a lease. The case in question related to tenants’ challenge of  insurance costs the Tribunal found in favour of the tenants, because the costs incurred were considered to be … Continue Reading

Consent to Assign – taking the good with the bad.

By Katherine A. Campbell on Posted in Ownership, Real Estate (UK), Real Estate Management
The case of No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd surprised the legal profession in 2016 when the court held that one bad reason for refusing consent to assign a lease effectively trumped two other good reasons, making the landlord’s refusal unreasonable. This decision provides some welcome pragmatism for landlords, residential … Continue Reading

One year to go. Are you ready for the MEES Regulations?

By Edward Fairweather and Geoffrey Yussouf on Posted in Real Estate (UK)
It’s now less than one year to go until the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, commonly known as the MEES Regulations (minimum energy efficiency standards) come into effect. It is time to act if you haven’t already. The MEES Regulations (the Regulations) provide that: From 1 April 2018 landlords of … Continue Reading

(US) Tenant’s Proportionate Share of Taxes: Don’t Overpay

By Steven M. Regan on Posted in Real Estate (U.S.)
Many commercial leases pass through to tenants a proportionate share of the landlord’s operating expenses and taxes for the property based on terms expressed in the lease. However, some landlords attempt to pass-through certain taxes that a tenant should not be expected to pay.   A recent lease negotiation on behalf of an industrial client … Continue Reading

(US) Open and Transparent -or- Hide the Ball? Some Leasing Best Practices

By Steven M. Regan on Posted in Leasing, Real Estate (U.S.)
Recently, the Commercial Lease Law Insider advised landlords to avoid lease disputes by refusing to disclose the square footage of the space. The Landlord is well advised to follow a course of action that creates trust and fosters a mutually beneficial long term Landlord/Tenant relationship. https://www.commercialleaselawinsider.com/article/dont-put-square-footage-or-dimensions-lease. The size of the tenant’s space, expressed in square … Continue Reading

Real Competition Law in Real Estate

By Siobhan Hayes on Posted in Real Estate Investment
This post was also written by Marjorie Holmes. We have seen our first court ruling on competition law issues in a lease renewal case and this is news given the uncertainties the real estate world is facing from 6 April 2011 when competition law starts to apply in full to all real estate transactions. The … Continue Reading

Competition Law and Land Agreements!

By Siobhan Hayes on Posted in Real Estate Investment
This post was also written by Philip Olmer and Marjorie Holmes. From the time the UK joined the EEC, sections of UK industry have had to grapple with European competition law requirements on anti competitive and monopolistic behaviour. In terms of real estate, competition law had really only affected public sector procurement projects and certain monopolistic businesses … Continue Reading

A painless break – guidance on getting out of your lease

By Catrin McHugh, Lynsey Ellard and Siobhan Hayes on Posted in Real Estate Investment
Break clauses are often incorporated into leases as a way for the tenant and occasionally, but less frequently, the landlord to maintain flexibility.  In the present market they are often exercised by tenants.  But exercising break rights and even the clauses can cause problems for the unwary tenant and great care must be taken to … Continue Reading

Competition Law Applies to Existing UK Property Deals

By Siobhan Hayes and Richard C. Nicoll on Posted in Real Estate Development
In our previous posting 'Land Agreements come under the Competition Law Spotlight' when government consultation was underway, we reported on the likely impact of Competition Law applying to property deals. Whilst the issue arose out of the Competition Commission's market investigation into the supply of groceries, the changes that will apply from 6 April 2010 can affect any property agreements and will affect pre-existing agreements as well as anything to be entered into after 6 April. The commercial property world needs a new competition law mindset.… Continue Reading

Investors selling properties in the UK – do you know enough about your carbon emissions?

By Siobhan Hayes and Indeg Kerr on Posted in Real Estate Investment
In earlier postings on our environmental update blog we have introduced the UK's Carbon Reduction Commitment (Energy Efficiency) Scheme ("CRC"). From 1 April 2010 the CRC Regulations will apply. Property investors, even those who fall outside the CRC themselves, will have to supply their buyers with information on their buildings' carbon emissions. Lack of information could wreck the timetable for the deal. This posting is designed to give you a brief idea of what you will need to disclose on the sale of an investment property once the CRC comes into force on 1st April this year.… Continue Reading

Land Agreements come under the Competition Law Spotlight

By Siobhan Hayes on Posted in Real Estate Investment
This post was also written by Lesley Davey. At the beginning of October the UK’s Competition Commission (CC) recommended to Government that introduces as “competition test” in planning decisions for large grocery stores. This follows on from the CC’s 2008 supermarkets’ investigation where it found that the planning regime helped larger supermarkets restrict competition in … Continue Reading

Can landlords carry out environmental surveys during the lease term?

By Siobhan Hayes and Richard C. Nicoll on Posted in Corporate Real Estate
Landlords/investors involved in selling or refinancing tenanted properties may need to carry out intensive environmental tests to satisfy the buyer/lender.  Can landlords do these without the tenant’s co-operation, for which a tenant may seek a high price?  Leases of commercial property reserve specific rights of entry for landlords.  Can these be exercised to allow an … Continue Reading

Risk to building owners – Remember to Notify Your Insurers

By Siobhan Hayes and Richard C. Nicoll on Posted in Corporate Real Estate, Ownership, Real Estate Investment
The duty on investors and other owners to notify building insurers and keep them updated of all material circumstances should not be under-estimated.  Failure to do this may result in cover being prejudiced. An unusual case that reached the Court of Appeal earlier this year made us think about whether property investors have got more … Continue Reading
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