Legal Article
05/12/19
The law Unless a lease is contracted out, a business tenant has a right to a new lease upon expiry of their contractual term, subject to limited grounds. Section 30 (1) (g) of the Landlord and Tenant Act 1954 contains an 'own occupation' ground. This allows a landlord to refuse the…
Legal Article
29/11/19
Background We recently acted for an organisation which received notification of a claim pursuant to the Pre-Action Protocol for Defamation (now replaced by the pre-action protocol for media and communications as of October 2019). It was alleged that during the course of the two day conference a…
Legal Article
26/11/19
Sequent Nominees Ltd v Hautford Ltd [2019] UKSC 47 What happened in this case? This case concerned a six-storey building let to the tenant. The lease provided that the tenant may not apply for planning permission without the landlord's consent, which must not be unreasonably withheld…
Forbes News
26/11/19
This article examines what happens when a lease ends and the situations where it is beneficial to serve a notice under Part II of the Landlord and Tenant Act 1954 ("The 1954 Act"). We are often instructed by commercial landlords to serve 1954 Act notices after a lease has expired and…
Legal Article
25/11/19
Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 2109 (TCC) What happened in this case? The Claimant succeeded at trial in a claim for damages in the sum of £802,475.33 and interest of £77,372.41. The Claimant succeeded on a claim concerning a bridge, but lost…
Legal Article
25/11/19
The third instalment in our series of practical guidance for Landlords continues on with the theme of forfeiture, more specifically the issue of landlord's waiving the right to forfeiture. Scenario: a commercial property is let out to a tenant under a commercial lease with the rent payable on…
Legal Article
21/11/19
Kamran Naqvi v (1) Harris Cartier Limited (In Liquidation) (2) Richard Slade & Co (3) Jeffrey Bacon (4) Brian Levy [2019] EWGC 3042 (QB) What happened in this case? The Claimant brought an action for damages for professional negligence against the Solicitors and Barrister who acted for…
Legal Article
15/11/19
Just as an administrator of a SIPP or SSAS has duties to the trust, a solicitor instructed on behalf of the trust has a duty of care. Forbes have experience acting on behalf of pension funds against their former lawyers for failing to spot a defect in the title, such as a restrictive covenant or a…
Legal Article
08/11/19
Overview Forfeiture is where a land owner takes back possession from a tenant due to a breach. The court has the power to grant relief from forfeiture to a tenant of a lease. This case examines the ability of the Courts to grant relief where the occupier holds a licence, as opposed to a lease…
Forbes News
01/11/19
In the second of our series of practical guidance on common landlord problems, we look at the issue of forfeiture of mixed-use premises. Scenario: the landlord owns a mixed-use property let out to a tenant under one lease. The property comprises of a shop on the ground floor and a flat upstairs,…
Legal Article
18/10/19
Neocleous v Rees [2019] EWHC 2462 (ch) What happened in this case? The parties were in dispute about the use of a right of way. Rees' solicitors emailed Neocleous's solicitors, offering to transfer land in settlement of the dispute. The name of the solicitor was automatically…
Forbes News
02/10/19
Forbes Solicitors is celebrating after being recommended in 15 Legal 500 categories and ranking as a Top Tier Firm, with 35 lawyers listed as recommended. Forbes' category recommendations are up one from last year, with Contentious Trusts and Probate being ranked for the first time. The…
Legal Article
01/10/19
Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC), the Upper Tribunal (Lands Chambers). What happened in this case? Shaviram Normandy Ltd (Shaviram) was the tenant of a purpose-built office building let on a long headlease. The use was restricted to offices.…
Legal Article
26/09/19
Costs down the drain The Dispute Resolution team at Forbes recently acted for an academy trust which had a vexatious claim issued against it by a neighbour. The neighbour's garden backed onto the school's playing field and he issued a claim for nuisance, alleging that his garden would…
Legal Article
24/09/19
Borwick Development Solutions Ltd v Clear Water Fisheries Ltd What happened in this case? Borwick created lakes on its freehold land and populated them with fish before running the site as a commercial fishery whereby anglers could come and fish for sport, returning any fish they caught…
Forbes News
09/09/19
In the first of our series of practical guidance on common landlord problems, we look at how landlords should deal with goods and belongings such as furniture and stock (also known as chattels) which are left in the tenanted premises by outgoing tenants. As a commercial landlord, you are likely to be…
Forbes News
30/07/19
What is a break clause? A break clause is a term in a lease which allows a party (usually the tenant) to end the lease earlier than the contractual end date. The advantage to a tenant is that if they are unsure about the profitability of the business at that location, they can vacate sooner…
Forbes News
08/07/19
Leading legal firm Forbes Solicitors has appointed Michael Chambers as Partner and head of its growing Dispute Resolution team. The team has also been boosted by the arrival of Laura Hallett Lea as an Associate, Jordan Davies as a Solicitor, Andrew Wilkinson as a Paralegal and Sophie Jackson as a…
Forbes News
04/07/19
JLE v Warrington & Halton Hospitals NHS Foundation Trust [2019] What is a Part 36 Offer? A Part 36 offer is an offer to settle a case pursuant to Part 36 of the Civil Procedure Rules. There are unique consequences for an offeree who rejects a Part 36 offer and then fails to 'beat…
Forbes News
27/06/19
Entering into a CVA appears to be a current fashion trend amongst retailers. Although they can serve as an important rescue remedy for struggling companies, the impact on landlords is unique from any other creditor which can lead to unexpected consequences. Landlords of the hairdresser chain Regis…
Legal Article
20/06/19
Alexander Devine Trust v Millgate 2018 What is a restrictive covenant on land? A restrictive covenant over land is a contract which runs with the land, and prevents that owner from doing certain things (usually relating to development or use). How is a restrictive covenant released /…
Legal Article
14/06/19
Advice given by professionals will be of the utmost importance to the client relying on it and be fundamental to business decisions. This may include examples such as legal advice on a significant transaction, an architect assisting with a construction project, engaging a chartered accountant to advise…
Forbes News
12/06/19
A new version of Form 6A (the s.21 notice) has been introduced and must be used by landlords from the 1 June 2019. The new Form 6A (s.21 notice) can be found here: http://www.legislation.gov.uk/uksi/2019/915/contents/made This change has been ushered in as part of the government's introduction…
