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Landlord and tenant – commercial

Mutual enforcement – summary

We reported in our March 2019 edition (p27) on the case of Duval [2018] in which the CA held that L would be in breach of a lease covenant to enforce T’s obligations against other Ts if it granted a licence to carry out a prohibited action.
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RV – can demand be assumed?

To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to establish ‘the rent at which it is estimated the hereditament might reasonably be expected to let from year to year’.

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MEES non-domestic rentals – reminder

The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private rented property, affecting new tenancies and renewals since 1 April 2018.

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CPSEs – new versions

The Commercial Property Standard Enquiries (CPSE) have been updated.

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Service charges – recovery of more than 100%?

We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019.
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Business rates avoidance scheme – valid

One of the perceived reasons for the difficulties experienced on the high street is the payment to local authorities of business rates. 
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Ground rent – potential liability

A recent High Court case reminds Ls of the potentially very expensive consequences of ground rent income acquired for a fairly modest premium.
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