In a lease situation, a wayleave agreement authorises a Tenant’s internet provider to install their equipment in and through the Landlord’s building. For example, a Tenant is leasing the office sp...
Tenant’s fixtures – are they considered chattels or part of the land?
It is important for Tenants of a commercial lease to understand who will own any items they install in the premises, and their obligations in respect of such items on the termination of their lease. T...
Case Update: M&S not entitled to refund of rent paid in advance covering a period after a break date
Marks & Spencer (M&S) offer a generous returns policy allowing a customer a period of 35 days to return an item purchased from them and receive a full refund. (That said, those of you who have...
Case Update: Banksy mural ‘Art Buff’ owned by landlord, not tenant
Dreamland Leisure Ltd (Dreamland) was the tenant of a building used as an amusement arcade in Folkestone. In September 2014, Banksy spray-painted a mural on to the wall of the arcade, an attractive sp...
How to exercise a break option
As a tenant of commercial premises, you may have negotiated an option to break the lease early, just in case you outgrow the premises quicker than expected or your venture becomes no longer viable. Su...
Obligatory redress schemes for lettings agents and property managers
On 1 October 2014, it became compulsory for all lettings agents and property managers to sign up to one of three government-approved redress schemes. The London Evening Standard reported last week tha...
New commercial rent arrears recovery procedure
The common law right of distress can be traced all the way back to the 13th century. It has been tweaked by the courts and statute over time, but on 6 April 2014 this ancient right will be abolished a...
Retail Property and Business Rates
Business rates are due to increase by 3.2% in April 2014. They usually amount to about 40% on top of the rents that are paid. How can retailers afford this when so many of them are going out of busine...