A landlord could not get round the requirement to make a “demand for payment of the service charge” within the 18-month time limit specified in law. That was the ruling of the Court of Appeal in a case involving a landlord that held the head lease of the residential parts of a large mixed-use development.
A landlord has lost its appeal against a decision that it could not impose service charges for certain works because it had failed to consult tenants properly. The landlord owned several flats let on long leases. It carried out various works to the flats and, in 2017, sought to recover the cost from the lessees
A jewellery designer who had built up a strong brand reputation has won a passing off claim against a new business using a similar name. The Intellectual Property Enterprise Court heard that Alyssa Smith started out as a sole trader in 2009, using the trading signs Alyssa Smith Jewellery, Alyssa Jewellery and @alyssajewellery. She attracted
The discount supermarket chain Lidl has been ordered to stop selling its Hampstead gin brand due to a trademark dispute. The issue arose after the chain started selling the gin in a dark brown/black and opaque, apothecary style bottle bearing a diamond shaped label like that used by the famous brand Hendrick’s, which was launched
The government is extending protection against evictions and winding-up petitions for businesses that are still struggling because of Covid-19. Legislation will be introduced to ringfence outstanding unpaid rent that has built up when a business has had to remain closed during the pandemic. Landlords are expected to make allowances for the ringfenced rent arrears from
A landlord has won the legal right to challenge a company voluntary arrangement (CVA) proposed by the Nero coffee shop group. Nero, which has over 800 shops in the UK, was severely affected by the Covid-19 pandemic and had fallen into rent arrears at its shops. Mr Young was the landlord of one of the
Two financial services directors have been disqualified for continuing to trade and take money from clients while their company was insolvent. Paul Rossi was a director of Independent Derivative Traders Ltd. The company traded as ‘Futex’ and provided access to a financial markets trading platform for sub-contracted independent traders. He was joined in the management
The government is continuing its support for tenants to protect them from being evicted during the Covid-19 pandemic, even though lockdown restrictions have now been eased. As part of a phased approach back to normality, notice periods – previously extended to 6 months as an emergency measure during the pandemic – are now set at
The government is introducing new legislation to target company directors who dissolve their businesses for their own gain and leave staff or taxpayers out of pocket. The Insolvency Service will be given powers to investigate directors of companies that have been dissolved, closing a legal loophole and acting as a strong deterrent against the misuse
A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of