Will landlords be able to keep tenants on the hook and will leases continue even when tenants try to exercise a break right? In the current state of COVID-19 lockdown it could be more difficult for tenants to effectively break the term of a lease. Can a break right be validly exercised when a tenant … Continue Reading
this is a follow-up to an earlier blog post on this issue from March, 2014 On Thursday, August 14, 2014, the Supreme Court of Pennsylvania advised that it would consider the appeal from the Superior Court determination dated March 14, 2014 in the matter of Sheddon v. Anadarko E&P Co. LP. We will continue to update this … Continue Reading
On March 14, 2014, the Superior Court of Pennsylvania ruled in favor of an oil and gas exploration company, applying the doctrine of estoppel by deed to prevent a landowner from partially repudiating an existing oil and gas lease. This decision is significant for oil and gas lessees as it stands for the proposition that … Continue Reading
Conveying oil and gas interests in Pennsylvania raises the question as to whether the document conveying the interest is subject to realty transfer tax and, if so, how the value of the interest determined and the tax calculated. Oil and gas transactions create a variety of interests in property. An oil and gas lease creates … Continue Reading
Where Can Risk Be Reallocated by the Contract? As the business cycle grinds forward in a low-growth environment, it is clear that considerably more time is being made available to long-term commitments such as real estate lease contracts. Several areas present opportunities for both Landlord and Tenant representatives to utilize the Lease negotiation to reduce … Continue Reading
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
The ability of landlords to recover the costs of taking action against tenants for dilapidations or indeed any breach of covenant can be fraught. Far from being an automatic entitlement, it will depend upon the wording of the lease. Costs clauses in leases are many and varied – some rather better than others.… Continue Reading
This post was also written by Alex Heaton. A recent High Court decision on the liability of a guarantor is already causing investors concern. See our earlier posting . Here we consider the immediate implications for tenants and their guarantors, and, perhaps surprisingly, it is not all good news.… Continue Reading
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.… Continue Reading
This post was also written by Clare Whitaker. A decision by the High Court in December has strengthened the position of landlords who sometimes do not get paid during the administration even where the administrator is running the business from the property.… Continue Reading
Every Tenant’s worst nightmare is to miss a break date in a Lease of unwanted space! With rental demand currently weak, Landlords are likely to take any technical point they can to defeat a Tenant’s break notice and the rental void it would trigger. Often the decision to serve break notices is left until close … Continue Reading
