
Myerson Solicitors in the Running for The Lawyer Awards 2025 in “The Independents” Category
Top 200 UK law firm Myerson Solicitors is delighted to announce its shortlisting for The Lawyer Awards 2025 in the prestigious “The Independents” category. This recognition comes after a year of significant growth and transformation, reflecting the...
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Turnover Rent in the Retail Sector: A Flexible Leasing Solution for Challenging Times
The UK retail market has faced a challenging period in recent years. It has had to deal with challenges from a number of factors, including Brexit, the Covid-19 pandemic, the cost of living crisis, increasing business rates and greater energy...
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The Renters' Rights Bill: What You Need to Know
The rental market has recently been subject to increasing scrutiny as landlords, tenants, and legislators tackle the need for fairer housing policies. One of the most significant developments is the introduction of the ‘Renters Rights Bill’, which...
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Landlord And Tenant Act 1954 Reforms – Securing A Change
Our Property Litigation lawyers explore the proposed reforms to the Landlord and Tenant Act 1954 , which could significantly impact landlords, tenants, and the commercial property market. The review assesses whether the Act remains fit for purpose...
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The Hampstead Heath Squatter: Claiming Ownership Through Adverse Possession
Harry Hallowes, known as 'Harry the Hermit,' transformed his life after being evicted from his Highgate council flat in 1987. Settling in a secluded corner of Hampstead Heath without the landowner's consent, his determined presence over decades...
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Key Takeaways from Myerson’s Annual Property Update 2024: Insights and Trends Shaping the Property Market
At Myerson Solicitors, we pride ourselves on staying at the forefront of property law and providing our clients with the most current information and insights. On Wednesday 16 th October we hosted our Annual Property Update 2024, where our industry...
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How to Deal With Terminal Dilapidations
When a lease approaches expiry, a landlord will consider the property's condition and whether the tenant is in breach of any of the lease's clauses relating to the property's repair and maintenance. When dealing with a terminal dilapidations claim...
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What Happens to Sub-Tenants if the Headlease is Forfeited, Surrendered or Disclaimed?
There are different consequences to the sub-tenants interest if a headlease is forfeited or surrendered. Our Property Litigation Solicitors explore the impact on a sub-tenant in both scenarios.
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What Is A Private Nuisance?
In a landmark ruling on 1 February 2023, the UK Supreme Court clarified that how modern buildings are used can amount to private nuisance, impacting property owners, occupiers, and developers. Our Property Litigation Solicitors explain what a...
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Nature of Easements
Easements are a key consideration for landowners and developers, as a failure to consider their implications properly may have the result of severely inhibiting a development scheme. This blog identifies common easements, examines how they are...
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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...
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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...
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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...
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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...
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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...
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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...
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Myerson Spring Property Update 2024
Whether you are a property investor, landlord, developer, professional, or you simply have an interest in real estate, this webinar is for you! Our expert Property team covers: Proposed leasehold reform update – where are we now? Case law update...
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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...
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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.
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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...
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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...
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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...
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The 2023 Myerson Annual Property Update
Thank you to everyone who attended our Myerson Annual Property Update 2023. Topics include: The state of the market and outlook for the next twelve months Reviewing the Building Safety Act 2022 Property insolvency in 2023 Case law update ESG issues...
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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...
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Myerson Solicitors Launches Free Property Portal
Myerson Solicitors, a leading UK law firm, is thrilled to announce the launch of its new Property Portal, a comprehensive online platform that brings together a wealth of property-related information, resources, and services. The portal aims to...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Myerson Solicitors Spring 2023 Property Investor Update
Hosted by the Myerson Real Estate Team, this must-attend event will concentrate on a number of areas relevant to investors, landlords, surveyors and all those involved in managing commercial property portfolios.
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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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Office Workspaces Post-Pandemic
When the Covid-19 pandemic hit in early 2020, many peoples working lives changed overnight. Working from home was introduced permanently, a notable change to the norm; for most companies working from home before the pandemic was relatively rare...
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Service Charge in Commercial Leases: The Pay Now, Argue Later Approach
The Supreme Court has handed down its decision in Sara and Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd [2023] UKSC 2. In this property litigation case, the landlord brought a...
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Cost of Living Crisis: Do You Need to End Your Lease Early?
Many people across the county have felt the pinch of the cost-of-living increase, whether it be the rise in energy bills, food prices or other goods. The crisis presents a bigger problem for small and independent businesses on the high street. The...
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Rent Free or No Rent Free – That is the Question!
A flurry of recent cases will interest landlords and tenants negotiating rents on renewals under the Landlord and Tenant Act 1954 (“LTA 1954”). Under s.34 of the LTA 1954, the parties can ask the Courts to determine the rent to be paid under a...
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Right to a New Lease
Whether your tenant has a right to a new commercial lease depends on whether Part II of the Landlord and Tenant Act 1954 ( the Act ) applies to the tenancy or whether the lease has been contracted out of the security of tenure provisions of the...
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Looking Ahead in 2023: What to Expect in Property and Property Litigation
Now that 2022 has come to a close, it is time to look ahead and consider what legal changes we can expect to see in 2023 in the property market. In this blog, we have detailed a number of the changes we expect to take place. On 28th April 2022...
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New Police Powers for Trespassers
From 28 June 2022, the Police, Crime, Sentencing and Courts Act (2022) ( the Act ) declares that in certain matters, trespassers who illegally ‘set up’ on other people’s land or in local communities could face up to three months in prison and or...
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