This post was written by Julia Berry. Some good news for developers frustrated at planning delays caused by waiting for the Judicial Review (‘JR’) period to expire – amendments to the Civil Procedure Rules come into force on 1 July 2013 which change the time limit to apply for JR for planning cases to 6 … Continue Reading
This post was written by Katherine Campbell. Some positive news for landlords this week: The court has confirmed that, even where an outdated property stands little or no chance of being re-let following a tenant’s departure, a claim for the loss in reversionary value caused by the breach of the tenant’s repairing covenants is still … Continue Reading
This post was written by Julia Berry and Siobhan Hayes. Unprecedented amendments to planning permitted development rights for change of use from office to residential came into force last week. There are a number of conditions which must be met, including – that the building must be in use or last used as B1(a) offices; … Continue Reading
The recent trend in Court decisions on conditional break clauses has been in favour of landlords but we have just seen a significant case decided in favour of tenants so that after successfully exercising a conditional break Marks and Spencer (the tenant) were entitled to a refund of the proportion of the rent (paid in … Continue Reading
This post was written by Katherine Campbell and Siobhan Hayes. Do tenants who want to exercise a break part way through a quarter have to pay the whole quarter’s rent on the quarter day in order to validly exercise the break? You will know from our previous posting that there have been two cases in … Continue Reading
The Government has made many headlines as the result of its desire to cut down on what has previously been thought to be legitimate tax planning...… Continue Reading
This post was written by Siobhan Hayes and Katherine A. Campbell. This morning we got the news that HMV had gone into administration and last week it was Jessop that went under. HMV’s administrators are still trading from the stores but the administrators of Jessops have ceased trading. Can their landlords expect their rent?… Continue Reading
Are you the owner of occupier of commercial real estate that the public visits? If so it may be that you should now be displaying your Energy Performance Certificate (EPC). If you are the seller or landlord of a listed building it may be that you do not need an EPC for your sale or … Continue Reading
This post was written by Katherine A. Campbell and Siobhan Hayes. Just a short post to update our previous post on the issue of administrators being obliged to pay rent as an expense of the administration. The recent case of Leisure (Norwich) II Limited v Luminar Lava Ignite Limited has confirmed the judgment in the … Continue Reading
This post was written by Katherine Campbell and Siobhan Hayes. We have seen many cases deciding whether tenants have managed to break their leases during this economic downturn. Many tenants break rights are conditional on rent payment by the break date and the recent case of PCE Investors Limited v Cancer Research UK highlights another danger … Continue Reading
Almost exactly a year ago we posted a blog on the High Court case of London Tara Hotel Limited v Kensington Close Hotel Limited, where it was decided that a personal licence to use a roadway granted to the previous owner of the Kensington Close Hotel did not prevent the current owner from acquiring an … Continue Reading
