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Landlord and tenant – commercial

Brexit frustration – update

We reported in our April 2019 edition (p27) on the interesting case where the HC had to consider whether potential departure by the UK from the EU was sufficient to satisfy the legal meaning of frustration – so would Brexit allow a party to avoid a contract or a lease?
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LTA 1954 – validity of contracting out

The HC has heard a case concerning a number of leases entered into by The Fragrance Shop and the validity of the procedure for contracting those leases out of Part II of LTA 1954.
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Air space and ground below - common parts

UKUT has held that leases of the airspace above and ground below a leasehold block of flats must be classed as common parts of the building and were able to be acquired.

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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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Most-read articles

Inheritance claims – interim payments
Wednesday, 09 October 2019
When can the court exercise its statutory power to award interim payments to a claimant under the Inheritance Act? This issue rarely comes before the court and the author of this article highlights... Read more...
Refund entitlement – taxable amount not reduced
Wednesday, 09 October 2019
In their monthly VAT update, EY report on a case that will be interesting to lawyers as the facts involved an SDLT avoidance scheme (perhaps unsurprisingly, the four companies involved are in... Read more...
Costs – challenge promptly
Friday, 04 October 2019
Litigation solicitors will no doubt breathe a sigh of relief to note that a costs judge has refused a claimant’s application to challenge a solicitor’s bill that was agreed and approved over four... Read more...
Serving overseas – check the rules
Friday, 04 October 2019
 It might sound obvious, but if a firm is instructed to serve proceedings overseas, the firm must ensure that the rules of service in the relevant country are properly observed. The CA recently... Read more...
Pet rent – permissible
Friday, 04 October 2019
The excellent Pain Smith blog reminds us about the Tenant Fees Act 2019 (which we reported on in our previous editions – March 2019 (p27) and May 2019 (p28)). The Act outlaws letting fees paid by... Read more...
Brexit frustration – update
Friday, 04 October 2019
We reported in our April 2019 edition (p27) on the interesting case where the HC had to consider whether potential departure by the UK from the EU was sufficient to satisfy the legal meaning of... Read more...
Fixtures – what passes on sale of land?
Friday, 04 October 2019
Property lawyers will recall their land law, which states that fixtures can pass on the sale of land but fittings do not. This can be seen as an archaic distinction – but a recent HC case has... Read more...
Parents – gender
Thursday, 03 October 2019
 A definition of the term ‘mother’ has been established for the first time under English common law in a landmark case. At issue was: where a person born female who has undergone gender... Read more...
Drugs and alcohol – managing in the workplace
Thursday, 03 October 2019
An interesting article reminds employers to review their drugs and alcohol policies and breaches of them in the light of recent developments. Businesses are increasingly expected to support employees... Read more...
Terrorism – notice of detention
Thursday, 03 October 2019
A revised notice of detention which examining officers must provide to someone detained under Schedule 7 to the Terrorism Act 2000 has been published by the government. The notice gives information... Read more...

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