Commercial Property News

  • Commercial rent arrears recovery - are you ready for the changes on 6 April 2014?

    Landlords have for a long time used the common law remedy of distress, which enables them to seize the goods of their tenant at the leased premises and sell those goods at auction, in order to recover any rent arrears. However, distress for commercial rent arrears will be abolished by the Tribunals Courts and Enforcement Act 2007 via the Taking Control of Goods Regulations 2013, which were published last month. These reforms create a new process called Commercial Rent Arrears Recovery (CRAR) which landlords must abide by when seizing a tenant's goods for failure to pay rent. The changes are due to come into effect in April 2014. Read more ...

  • Residential service charge demands

    When residential service charge demands are issued after completion of the works, a landlord must issue the demand within 18 months. If the demand is provided later than this, the landlord cannot recover the costs, unless a notice has been served during the 18 months stating that: Costs have been incurred: The tenant must contribute to them by payment of a service charge. Read more ...

  • Break clauses in leases

    A Court of Appeal decision highlights the risks for commercial tenants of failing to correctly exercise the break clause in their lease. In this case, the tenant failed to give vacant possession in accordance with the terms of the break clause in its lease. Read more ...

  • Tenancy deposit schemes

    A landlord under an assured shorthold tenancy (AST) must protect a tenant’s deposit by using an authorised tenancy deposit scheme (TDS) operated by an approved scheme administrator. A TDS has two main objectives: Read more ...