Property Leases

Whenever a guarantor is party to a lease, it is critical that any subsequent changes to the lease are correctly documented and the guarantor has signed up to any such variations. In the recent well reported case of Topland Portfolio No. 1 Ltd v Smiths News Trading Ltd [2014]the Court of Appeal held that a guarantor had […]

In the recent case of Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2014], the Court of Appeal has just made a ruling that may leave commercial tenants feeling short-changed. The claim arose following the successful exercise by M&S of the break options in leases of an office block in […]

Many leaseholders have a right of renewal over their leasehold title for a term equal to the unexpired residue of the existing lease plus 90 years. Do you have the right to make an application for a lease extension? You must be able to satisfy the following: The lease must be a long lease exceeding […]

Since the Goldacre decision in 2009, the law has been clear that the rents and service charges falling due whilst a company is in administration (and is occupying premises for the benefit of the creditors), will be treated as an expense of the administration and thus likely to be paid ahead of creditors – provided […]

A Home Reversion plan is where you sell your home or a percentage of it to a Reversion Company but retain the right to live in it rent-free for the rest of your life. A Lifetime Lease is granted to you on completion of the Home Reversion plan which is registered at the HM Land […]

Under the Defective Premises Act 1972, a landlord owes a duty of care to anyone who might be affected by defects present in the premises which they let. In a worrying decision for social and private landlords, the High Court has ruled that a landlord can be liable for not carrying out repairs even where […]