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Landlord and tenant – commercial
 

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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Expert’s decision – ‘final’

Lawyers drafting commercial leases should carefully consider the terms of the rent review provisions in relation to the scope of any expert’s determination.
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LTA54 – redevelopment must be real intention

LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into. 
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CRAR – seven days’ notice

The right to distrain for rent arrears was abolished by statute and replaced by CRAR (commercial rent arrears recovery) in 2014. CRAR gives a statutory right to recover rent arrears similar to distress (ie seizing T’s goods and selling them in satisfaction of the arrears). 
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Pre-contract enquiries – mis-representation?

Prior to taking a lease of a warehouse, T raised pre-contract enquiries with L regarding environmental problems. L stated it had not been notified of any actual, potential or alleged breaches of environmental law. 
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