Tag Archives: Landlord

Placemaking without Lawbreaking

Placemaking? Mixed-used developments in and around London are in the midst of a golden era with the creation of mega-schemes such as those in Nine Elms and Old Oak. The new Wembley Park Development will see the creation of an unprecedented 7,000 apartments, surpassing the Olympic Village scheme in Stratford by some 4,000 residential units. … Continue Reading

(UK) When Is An Emergency Not An Emergency

It is the time of year when the Great British weather batters buildings up and down the country causing signs to fall off some and roofs to cave in! Beware, though, if you are the Landlord or manager of a mixed use building – emergency repairs may cost you more than you think. Section 20 … Continue Reading

(US) PA Landlord Tenant Act: More PA Legislation on Abandoned Property

Pennsylvania Act No. 129 of 2012 (effective September 4, 2012), amended the Landlord and Tenant Act of 1951 to provide for the disposition of personal property deemed abandoned by a tenant. The Pennsylvania legislature has returned to this subject with Pennsylvania Act No. 167 of 2014 (effective December 21, 2014). Under the prior law, there … Continue Reading

(UK) Lease Guarantees: An Update

This post was written by Stuart Wright and Siobhan Hayes When tenants offer landlords guarantees of their lease liabilities landlords need to take care what assignment rights the tenant can have and this was demonstrated in last week’s Court of Appeal decision in Tindall Cobham 1 Ltd v Adda Hotels. As you may recall, prior … Continue Reading

(US) Access To Landlord’s Property by a Tenant’s Lender

Landlords and secured lenders (i.e., lenders with a security interest in tenant’s personal property as collateral for a large loan) should remember to consider underlying applicable state law governing removal of a defaulted tenant’s property when negotiating landlord waivers or collateral access agreements. Competing interests are at play between landlords and secured lenders when it … Continue Reading

(US) The ‘Good Guy Guaranty’: Covered obligations can differ depending on your perspective

A landlord may request a principal of a tenant or an affiliated entity to guarantee lease obligations if the prospective tenant has a less-than-ideal credit profile. In a tenant-friendly market, few landlords will be successful in this pursuit. Consequently, a savvy landlord may request a sufficient security deposit, plus a limited or “Good Guy” Guaranty … Continue Reading

(US) Reaffirmations: A Guaranteed Good Idea

When landlords negotiate amendments or extensions of leases with existing tenants, it can be easy to overlook a very simple but important part of the documentation process: the reaffirmation of an existing guaranty of lease.   A reaffirmation of guaranty from a guarantor of the tenant’s obligations under a lease can be as simple as … Continue Reading

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

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

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

(US) The Ring of Solitude; Negotiating a Retail Lease Radius Clause

The August 2013 issue of the Commercial Lease Law Insider featured an article about negotiating lease radius clauses which was voted the best issue of 2013 by the publication’s insider subscribers. Why would radius clauses garner such interest? Radius clauses are an important tool at the disposal of a retail landlord to protect its economic … Continue Reading

News on Guarantees

This post was also written by Jon Pike and Richard Perkins. Last spring we posted on the difficulties facing landlords and tenants as a result of the High Court decision in Good Harvest.  Yesterday we had some good news as the Court of Appeal has reconsidered the point and introduced some commercial common sense into the law.… Continue Reading
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