The Court of Appeal has handed down judgment in the matter of Kensquare Limited v Boakye, concerning (among other issues) whether the landlord, Kensquare, was still able to recover interim service charges from its tenant, Ms Boakye, despite being late in making the demand. In short, the answer was no...

In today's uncertain economic climate, many tenants are defaulting on their financial lease obligations which forces landlords to consider their available options to try to recover the debt and minimise their losses. Landlords may have numerous remedies, including forfeiting the lease, issuing debt proceedings, serving a statutory demand and exercising...

In an article published in Corporate Rescue and Insolvency (October 2022, LexisNexis), Colette Brimble, Douglas Hawthorn and Donal Kelly consider a recent case that acts as a timely reminder to landlords to consider carefully the terms and effects of restructuring plans. Read article >

The Supreme Court has handed down its decision in the case of Aviva Investors Ground Rent Ltd and another v Williams and others which considered the First-Tier Tribunal's (FTT) role in intervening in a landlord's "discretionary management decisions" when varying service charge contributions in residential leases. The Supreme Court...

The National Security and Investment Bill, which creates a new stand-alone regime for the UK government to intervene in a broad range of transactions on national security grounds, has potential implications for the real estate investment (REI) sector, particularly in relation to corporate real estate transactions. (For an overview of...

From 24 March 2022 it will be all change for the recovery process of rent arrears that have accrued since the start of the Covid-19 pandemic in the UK over two years ago. It marks the end of a number of moratoriums that were put in place at the start...

Last month a three-judge panel at the Court of Appeal jointly heard the cases of London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others alongside Bank of New York Mellon (International) Ltd v Cine-UK Ltd and other appeals on the basis that despite the differences of detail, the substance...

The UK High Court has ruled in favour of a landlord whose original tenant and guarantor were held liable for the rent accrued on a gym in Leeds despite the subsequent assignee operating under a restructuring plan. The case of Oceanfill Ltd v Nuffield Health Wellbeing Ltd & Cannons Group...

Certain long-leaseholders of flats have a statutory right to extend their leases. Where the statutory process is followed, on payment of a premium, the lease can be extended by an additional 90 years at a peppercorn ground rent. A recent case has given some useful guidance on how that premium...

As a landlord, how can you better protect your position prior to a possible CVA? Forewarned is forearmed: watch out for warning signs of distress and try to keep abreast of your tenant's performance – including liquidity issues, late payments or requests for changes to payment terms. Prepare for the...