![The Future Of Employment Law Under Our New Labour Government](/assets/Uploads/The-Future-Of-Employment-Law-Under-Our-New-Labour-Government__FillWzgwMCw0NTBd.jpg)
The Future Of Employment Law Under Our New Labour Government
The Labour Party's election manifesto proclaimed that employment law in Britain is no longer fit for the modern economy. In May 2024, Labour detailed its plans to "make work pay" by delivering a "new deal" for working people within the first 100...
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![Residential Landlord Possession – What To Do If Your Tenant Refuses To Move Out](/assets/Uploads/Residential-Possession-What-To-Do-If-Your-Tenant-Is-Refusing-To-Move-Out-v3__FillWzgwMCw0NTBd.jpg)
Residential Landlord Possession – What To Do If Your Tenant Refuses To Move Out
In most cases, a tenant will leave after the landlord has served a Section 8 Notice or a Section 21 Notice requiring the tenant to vacate the property. However, when the tenant fails to vacate, the landlord may be forced to proceed with Court...
Read Blog![Can My Landlord Take Back Possession Of The Premises I am Operating A Business From?](/assets/Uploads/Can-My-Landlord-Take-Back-Possession-Of-The-Premises-I-am-Operating-From__FillWzgwMCw0NTBd.jpg)
Can My Landlord Take Back Possession Of The Premises I am Operating A Business From?
The location of your premises is often crucial to your business's success, particularly in the hospitality and leisure sector. Relocating can be expensive and disruptive for you and your customers. This raises the question: Can a landlord take back...
Read Blog![Break Clauses – Avoid the Pitfalls!](/assets/Myerson-Property-Litigation-Solicitors/Break-Clauses-Potentiall-Pitfalls-to-Avoid__FillWzgwMCw0NTBd.jpg)
Break Clauses – Avoid the Pitfalls!
Break clauses are contractual provisions in a lease that allow either the landlord or tenant to bring the contractual term of the lease to an end early. On the face of it, a break notice appears to be a straightforward document, and it often looks...
Read Blog![Should I Buy the Freehold to My House?](/assets/Uploads/Should-I-Buy-the-Freehold-to-My-House-v3__FillWzgwMCw0NTBd.jpg)
Should I Buy the Freehold to My House?
The Leasehold Reform Act 1967 (the 1967 act) gives leasehold tenants of houses the right to buy the freehold. The right to buy the freehold (and any intermediate leasehold interest, for example, the head lease) without the landlord's agreement is...
Read Blog![Should I Extend My Lease?](/assets/Uploads/Should-I-extend-my-lease-v2__FillWzgwMCw0NTBd.jpg)
Should I Extend My Lease?
Homeowners may be aware that the Government is making it easier and, in some cases, cheaper to extend a lease. However, we are unclear about when the reforms will take effect. Under the current rules, you can either proceed under the informal...
Read Blog![A Guide To Navigating Restrictive Covenants](/assets/Uploads/Restrictive-Covenants__FillWzgwMCw0NTBd.jpg)
A Guide To Navigating Restrictive Covenants
Restrictive covenants, as applied to freehold land, are agreements created by a deed that one party will limit the use of its land for the benefit of another party's land, such as by capping the number of buildings which can be built on a site...
Read Blog![Service Charge Disputes: Your Questions Answered](/assets/Uploads/Service-charge-disputes__FillWzgwMCw0NTBd.jpg)
Service Charge Disputes: Your Questions Answered
A service charge is a sum that is paid in relation to maintenance, services and repairs. They are typically found in a lease, where it is agreed that a tenant will pay a landlord (or management company) a service charge to cover the service costs...
Read Blog![Looking Ahead: 2024 Real Estate Considerations](/assets/Uploads/Looking-Ahead-2024-Real-Estate-Considerations-v2__FillWzgwMCw0NTBd.jpg)
Looking Ahead: 2024 Real Estate Considerations
As we welcome the new year, we are set for a busy twelve months ahead in the real estate industry. The following article from our Property Litigation experts addresses several considerations and predictions for the property sector in 2024.
Read Blog![King’s Speech 2023: Real Estate Update](/assets/Uploads/Kings-Speech-2023-Real-Estate-Update__FillWzgwMCw0NTBd.jpg)
King’s Speech 2023: Real Estate Update
We have previously discussed the King’s Speech with regard to its proposal to introduce an independent football regulator. Under the tagline 'strengthening society’, the King's Speech 2023 also outlined two landmark bills introducing fundamental...
Read Blog![Real Estate Litigation: Hospitality & Leisure Sector Update](/assets/Uploads/Real-Estate-Litigation-Hospitality-Leisure-Sector-Update-v2__FillWzgwMCw0NTBd.jpg)
Real Estate Litigation: Hospitality & Leisure Sector Update
Despite the COVID-19 pandemic seemingly having come to an end in recent times in the UK, uncertain times remain in the hospitality and leisure sector . However, this has led to an interesting property litigation trend in the landlord-tenant...
Read Blog![Key Insights and Updates for the Building Safety Act](/assets/Uploads/Key-Insights-and-Updates-for-the-Building-Safety-Act-v2__FillWzgwMCw0NTBd.jpg)
Key Insights and Updates for the Building Safety Act
The Building Safety Act was introduced due to the Grenfell disaster in 2017. Having obtained Royal Assent in April 2022, the Act’s primary aim is to control building safety risks in order to secure the safety of people within or around buildings...
Read Blog![Nature of Easements – Part 2](/assets/Uploads/Nature-of-Easements-Part-2-v2__FillWzgwMCw0NTBd.jpg)
Nature of Easements – Part 2
The second property litigation blog in our two-part series will consider what happens when an easement is interfered with and what constitutes excessive use of an easement. We also review some case law which demonstrates how the Courts may...
Read Blog![Nature of Easements](/assets/Uploads/Nature-of-easements-v2__FillWzgwMCw0NTBd.jpg)
Nature of Easements
Easements are a key consideration for landowners and developers, as a failure to consider their implications properly may severely inhibit a development scheme. Our blog identifies common easements, how they are created, and common forms of...
Read Blog![Forfeiture – How Does It Affect Commercial Sub-Tenants?](/assets/Uploads/Forfeiture-How-Does-It-Affect-Commercial-Sub-Tenants-v2__FillWzgwMCw0NTBd.jpg)
Forfeiture – How Does It Affect Commercial Sub-Tenants?
With many commercial tenants feeling the impact of increased costs, pressure on rental payments is on the rise. During the pandemic, the landlord's right to forfeit (terminate) the lease was restricted, giving much-needed protection to tenants...
Read Blog![Waiving the Right to Forfeit](/assets/Uploads/Waiving-the-Right-to-Forfeit-v2__FillWzgwMCw0NTBd.jpg)
Waiving the Right to Forfeit
A right to forfeit a tenant’s lease entitles the landlord to take back possession of the property (either by changing the locks or by issuing possession proceedings) and to treat the lease as having come to an end. This is subject to any rights the...
Read Blog![Navigating the Complexities of Dilapidations in the Hospitality and Leisure Sector](/assets/Uploads/How-to-deal-with-Dilapdations__FillWzgwMCw0NTBd.jpg)
Navigating the Complexities of Dilapidations in the Hospitality and Leisure Sector
Whether you have a lease of a pub, restaurant or coffee shop, dealing with disrepair is a major issue for landlords and tenants. Our Hospitality & Leisure solicitors are here to guide you. The term dilapidations refer to items of disrepair that are...
Read Blog![Opposing Lease Renewal on the Grounds of Redevelopment](/assets/Uploads/Opposing-lease-renewal-on-the-grounds-of-redevelopment-v2__FillWzgwMCw0NTBd.jpg)
Opposing Lease Renewal on the Grounds of Redevelopment
The Landlord and Tenant Act 1954 ( the Act ) was introduced after the end of World War 2 to provide business tenants with security of tenure. The Act provides business tenants with the right to continue in occupation of the premises after the end...
Read Blog![Does Signing Heads of Terms Create a Binding Agreement?](/assets/Uploads/does-signing-Heads-of-Terms-create-a-binding-agreement-v2__FillWzgwMCw0NTBd.jpg)
Does Signing Heads of Terms Create a Binding Agreement?
The recent case of Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd looks at whether heads of terms are sufficient to create a binding agreement between parties in the absence of a signed lease agreement. Background This case...
Read Blog![Consent to Assign a Commercial Lease](/assets/Uploads/Consent-to-assign-a-commercial-lease-v2__FillWzgwMCw0NTBd.jpg)
Consent to Assign a Commercial Lease
Tenants of commercial properties may either want or need to divest themselves of their lease. Those reasons can be varied but often related to changing market conditions and pressures. Typically, if there is no break provision contained within the...
Read Blog![Hudson v Hathway](/assets/Uploads/Hudson-v-Hathway-v2__FillWzgwMCw0NTBd.jpg)
Hudson v Hathway
The Court of Appeal decision in Hudson v Hathway [2022] shows how the law in relation to property ownership and trusts of land is adapting to reflect the ways in which people communicate in the modern world. In this case, Mr Hudson and Ms...
Read Blog![The Dilapidations Pre-action Protocol](/assets/Uploads/The-Dilapidations-Pre-action-Protocol-v2__FillWzgwMCw0NTBd.jpg)
The Dilapidations Pre-action Protocol
At the end of a commercial lease term , a landlord will want to consider any potential claim that they may have against the tenant for the tenant’s breach of the provisions relating to repair, decoration and reinstatement. Landlords should be aware...
Read Blog![Dilapidations – How Are Damages Assessed?](/assets/Uploads/Dilapidations-how-are-damages-assessed-v2__FillWzgwMCw0NTBd.jpg)
Dilapidations – How Are Damages Assessed?
Most commercial leases include obligations in relation to repair, decoration and yielding up at the end of the lease. Where a tenant is in breach of those obligations, the landlord will seek to bring a claim against the tenant for the losses which...
Read Blog![Breaking Up Is Hard - Protected Tenancies and Landlord Redevelopment](/assets/Uploads/Breaking-Up-is-Hard-Protected-Tenancies-and-Landlord-Redevelopment-v3__FillWzgwMCw0NTBd.jpg)
Breaking Up Is Hard - Protected Tenancies and Landlord Redevelopment
The recent case of B&M Retail Limited v HSBC Bank Pension Trust (UK) Limited highlights two important issues. Firstly, that entities must have secure procedures in place to avoid notices being missed. Secondly, that the Court will not interpret...
Read Blog![Relief from Forfeiture of a Commercial Lease](/assets/Uploads/Relief-from-Forfeiture-of-a-Commercial-Lease-v2__FillWzgwMCw0NTBd.jpg)
Relief from Forfeiture of a Commercial Lease
The recent case of Chug & Anor v Dhaliwal & Anor provides a High Court example of when and how a Judge must weigh up factors for relief from forfeiture and why it is a bad idea to unlawfully sublet commercial premises. The Facts Mr Chug was a...
Read Blog![Removal of No Fault Residential Evictions](/assets/Uploads/Removal-of-No-fault-Residential-Evictions-v2__FillWzgwMCw0NTBd.jpg)
Removal of No Fault Residential Evictions
The Department of Levelling Up, Housing and Communities have confirmed plans to reform the private and social rented sector legislation. The Renters Reform Bill (the Bill) will provide the biggest change to renter’s law in a generation, improving...
Read Blog![The Landlord and Tenant Act 1954 and “Reasonable Updating”](/assets/Uploads/The-Landlord-and-Tenant-1954-and-Reasonable-Updating-v4__FillWzgwMCw0NTBd.jpg)
The Landlord and Tenant Act 1954 and “Reasonable Updating”
The Landlord and Tenant Act 1954 gives business tenants a statutory right to a new tenancy on the expiry of their existing tenancy and provides that a landlord can only recover possession where at least one of seven statutory grounds applies. The...
Read Blog![Terminating Commercial Tenancies](/assets/Uploads/Terminating-commercial-tenancies-v2__FillWzgwMCw0NTBd.jpg)
Terminating Commercial Tenancies
Landlords and tenants within the retail, hospitality, and leisure sectors continually have to adapt their portfolios and business on account of market pressures; for landlords, that may involve terminating commercial tenancies to carry out...
Read Blog![Relief from Forfeiture](/assets/Uploads/Relief-from-Forfeiture-v2__FillWzgwMCw0NTBd.jpg)
Relief from Forfeiture
Forfeiture of a lease is a useful right for a landlord; however, a landlord should exercise caution and seek legal advice as the tenant can apply for relief from forfeiture. A lease will include tenants' covenants, amongst others, to pay the sums...
Read Blog![What Are My Options to Enforce a Legal Charge?](/assets/Uploads/What-are-my-options-to-enforce-a-legal-charge-v2__FillWzgwMCw0NTBd.jpg)
What Are My Options to Enforce a Legal Charge?
We often have conversations with clients who ask what their options are to enforce a legal charge. Ordinarily, the client will have lent money to a third party, entered into a formal Facility Agreement concerning the loan and secured the loan by...
Read Blog![Renters Reform Bill](/assets/Uploads/Renters-Reform-Bill-v2__FillWzgwMCw0NTBd.jpg)
Renters Reform Bill
In January 2023, we prepared a property litigation blog describing what legal changes we would likely see in 2023 in the property market . One of the biggest changes we are likely to see is concerning residential renting in England with the Renters...
Read Blog![Rights of First Refusal – What is it and Why is it an Issue?](/assets/Uploads/Rights-of-first-refusal-what-is-it-and-why-is-it-an-issue-v3__FillWzgwMCw0NTBd.jpg)
Rights of First Refusal – What is it and Why is it an Issue?
Part 1 of the Landlord and Tenant Act 1987, as amended by the Housing Act 1996, introduced the concept of the residential tenants rights of first refusal. Rights of first refusal is where a landlord is proposing to sell his interest in a building...
Read Blog![Evidencing Ground (f) in Opposed Lease Renewals](/assets/Uploads/Evidencing-Ground-f-in-Opposed-Lease-Renewals-v2__FillWzgwMCw0NTBd.jpg)
Evidencing Ground (f) in Opposed Lease Renewals
In the recent property litigation case of Man Limited v Back Inn Time Diner Limited, the Court considered the evidential burden on the landlord in opposing a lease renewal under the Landlord and Tenant Act 1954 (“the 1954 Act”). Under the 1954...
Read Blog![A Guide To Enfranchisement](/assets/Uploads/A-guide-to-enfranchisement__FillWzgwMCw0NTBd.jpg)
A Guide To Enfranchisement
The Leasehold Reform Act 1967 gives leasehold tenants of houses the right to buy the freehold. This is what our Property Litigation solicitors will be exploring in this article. The right to buy the freehold (and any intermediate leasehold...
Read Blog![Leasehold Reforms: How to Extend the Lease on my Flat](/assets/Uploads/Leasehold-Reforms-How-to-Extend-the-Lease-on-my-Flat-v4__FillWzgwMCw0NTBd.jpg)
Leasehold Reforms: How to Extend the Lease on my Flat
The current rules state that if you are a leaseholder of a flat and have been occupying it for more than two years, you have the legal right to extend your lease for an additional 90 years with the ground rent becoming a peppercorn, i.e., nil. In...
Read Blog![Leasehold Reform - The Current Position and Proposals](/assets/Uploads/Leasehold-reform-the-current-position-and-proposals-v2__FillWzgwMCw0NTBd.jpg)
Leasehold Reform - The Current Position and Proposals
In December 2017, the Government announced plans to tackle the growing property litigation problem of new build houses being sold as leasehold rather than freehold and to limit the ground rents payable by tenants of leasehold properties. The...
Read Blog![The Energy Crisis and the Hospitality and Leisure Sector](/assets/Uploads/The-Energy-Crisis-and-the-Hospitality-and-Leisure-Sector-v2__FillWzgwMCw0NTBd.jpg)
The Energy Crisis and the Hospitality and Leisure Sector
The energy crisis will continue to affect the hospitality and leisure sector. As a result of the increase in costs, many businesses have found it difficult to trade and pay their rent following the terms of their lease. In October, the National...
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