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
The Court of Appeal has clarified whether external doors are landlords’ fixtures and so subject to landlord control. The case involved a tenant who was the registered proprietor of two long-leasehold flats with terms of 999 years. The leases included a covenant by the tenant at cl.3(4) not to “remove any of the landlord’s fixtures”
The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The
A landlord has won a dispute over service charges in a commercial building because the onus was on the tenant to prove they were unfair, and it had failed to do so. The case involved Criterion Buildings Ltd and Mckinsey & Co. Criterion was the landlord of a building comprised of offices, a sportswear store,
The Court of Appeal has ruled that an ‘irrational’ clause in a lease that led to exponential growth in rent increases was an error and should be corrected. The case involved Monsolar IQ Ltd and Woden Park Ltd. Monsolar agreed a 25.5-year lease to create a solar farm on land owned by Woden. The lease
As we start to emerge from the Covid-19 pandemic, we address at some of the issues which have arisen for our commercial property, corporate and employment clients in the manufacturing sector and what this may mean for the industry as a whole going forward. To download the document, please click here https://www.machins.co.uk/wp-content/uploads/2021/07/Legal-Implications-in-the-Manufacturing-Sector.pdf
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
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
Three well-known national companies have failed to stop a rent arrears claim against them despite arguing that their businesses had been adversely affected by the Covid-19 pandemic. The case involved two commercial landlords and their tenants Cine-UK Ltd, Sports Direct and Mecca Bingo. The landlords applied for summary judgment in claims for rents due under
The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the