Expert Opinion
Services
People
News and Events
Other
Blogs

Expert Opinion

Coronavirus - Options on non-payment of rent for commercial landlords

Claire Bunton
  • Posted
  • Author

Since the outbreak of the coronavirus pandemic, the government has made a number of measures available for commercial tenants to assist them at this difficult time.  Such measures include the temporary abolition of business rates, the deferment of VAT...

Coronavirus - Should you agree a rent concession?

Rachel McNulty
  • Posted
  • Author

In these difficult times, many commercial tenants will be asking their landlord for a form of rent concession, whether that takes the form of a reduction, deferred rent, having a rent or service charge holiday or paying monthly As a landlord, it is entirely...

Coronavirus Act 2020: Section 82 - Business tenancies in England and Wales: protection from forfeiture etc

Denise Bull
  • Posted
  • Author

Few of us would have imagined even a few weeks ago that I would be writing an article with the title above. We live in strange times. The purpose of this article is to give some advice to commercial landlords and tenants about what the Coronavirus Act 2020...

Coronavirus - Permitted development rights for takeaway services

Julia Davies
  • Posted
  • Author

On Tuesday 24 th March, the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 came into force, bringing into effect the Government’s announcement that restaurants and drinking establishments may temporarily...

Coronavirus - Landlord & Tenant Update (26th March)

Robert Bolwell
  • Posted
  • Author

It’s been another challenging week for agents, landlords and just about everyone in the lettings industry . Late on Wednesday, the government’s emergency legislation passed into law, when the royal assent was given to the Coronavirus Act...

Coronavirus - Advice for Commercial Landlords & Tenants

Denise Bull
  • Posted
  • Author

COVID-19 is changing the face of the legal workplace. Lawyers and their clients are going to have to adapt rapidly. What does this mean for commercial landlords and tenants ? All the advice and guidance we have seen so far relates to the residential...

Coronavirus - Possession Claims Explained

Ryan Heaven
  • Posted
  • Author

The Government have stated their intention to protect tenants during the coronavirus outbreak by stopping any new possession claims from being issued at court. At the time of writing (Monday 23 rd March), the final wording of this legislation has not been...

Coronavirus - Your Landlord & Tenant Questions Answered

Robert Bolwell
  • Posted
  • Author

We are now over a week into the official coronavirus pandemic and the pressure on managing agents is increasing exponentially from all quarters. Last updated: 20/03/2020 Despite the pronouncements by Boris in recent days, there is still no clear...

Looking ahead to 2020's housing market

Paul  Sams
  • Posted
  • Author

Dutton Gregory Partner and property expert Paul Sams shares his thoughts on what 2020 will bring for the housing market and the difficulties that may lie ahead for industry professionals. “Personally I am cautiously optimistic for 2020.  We have...

Airbnb and Assured Shorthold Tenancies: What can a landlord do?

Tom Whatley
  • Posted
  • Author

Since being founded in 2008, Airbnb has gone from the complete unknown to having hosted roughly 400 million guests worldwide. Surprisingly a year after its launch, the company was struggling to break-even but now has 31 offices and is estimated to have more...

Commercial Service Charge: what do you need to consider?

Rachel McNulty
  • Posted
  • Author

Generally, service charge provisions in a lease are only required where the lease is for part of a building or part of a large estate (i.e. industrial estate, shopping centre, business park). During the initial lease negotiations between a landlord and...

Five Fact Friday: Misrepresentation

Chris Hall
  • Posted
  • Author

This week it was revealed, following an investigation, that only 1% of the bulbs sold at Amsterdam’s famous floating flower market, ever blossom.  That spells trouble for those sellers touting their tulips to tourists but it’s also an...

Five Fact Friday: Compulsory Purchase Orders

Chris Hall
  • Posted
  • Author

Tomorrow marks the 40 th anniversary of the publication of the Hitchhiker’ Guide to the Galaxy.  *Spoiler alert*.  For those who haven’t read the book (or watched film, or watched the TV series or listened to the radio play…),...

Five Fact Friday: The Supreme Court's Flying Circus

Chris Hall
  • Posted
  • Author

Unless you’ve been living under a rock for the past few weeks, you may have noticed that the Supreme Court has been in the news recently.  What you may not know is that it also celebrated its 10 th birthday this week. Moreover, another British...

Looking into Personal Injury: Accident at Work Claims

Emma Menzies
  • Posted
  • Author

Every year hundreds of thousands of accidents occur at work. These might involve heavy lifting or inadequate training on how to lift, using defective equipment or machinery or it could be another employee’s error. We’re taking an insider look at...

No additional Stamp Duty on uninhabitable properties - a win for developers

Claire Bunton
  • Posted
  • Author

Have you bought a derelict property since March 2016? Did you pay a SDLT surcharge on the purchase of that property?  If so, you could be due a refund.  On 1 st April 2016, the government introduced the Stamp Duty Land Tax (SDLT) surcharge for...

Freehold Restrictive Covenants: Part 2 - Modification and Removal

Claire Bunton
  • Posted
  • Author

It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land.  As can be seen from the first part of this article , a covenant must satisfy certain conditions in order to be enforceable. ...

Freehold Restrictive Covenants: Part 1 - Validity and Enforceability

Claire Bunton
  • Posted
  • Author

It is quite common for land or property to be subject to covenants which restrict certain use or activity on the land.  What is a covenant? Covenants are typically created where a land owner sells off a part of their land while wanting to restrict...

Is age really just a number?

Chris Hall
  • Posted
  • Author

Every now and again we are reminded of ancient laws that have never been repealed, some being fairly ridiculous and amusing!  For instance, an 1872 law that has never been repealed made it an offence for a pub landlord to allow drunkenness in their...

Recent developments in commercial property

Denise Bull
  • Posted
  • Author

The property industry comes across many changes and developments which are important to keep up with.  One of the most significant recent developments is the changes to the Stamp Duty Land Tax (SDLT) regime. It’s now necessary to file the tax...

Homes (Fitness for Human Habitation) Act 2018

Chris Hall
  • Posted
  • Author

It took more than 3 years but the Private Members Bill introduced by the Labour MP Karen Buck has received Royal Assent and has become the Homes (Fitness for Human Habitation) Act 2018.  It will come into force on 20 March 2019. The new Act will amend...

Supreme Court Upholds Spirit of 1954 Act

Claire Bunton
  • Posted
  • Author

Under the Landlord and Tenant Act 1954 (the 1954 Act), some tenants of commercial premises have the right to renew their leases indefinitely. The landlord cannot refuse the tenant a new lease, except on certain specific grounds. Once such ground, ground F,...

Rogue landlords and harassment - where do you stand?

Chris Hall
  • Posted
  • Author

On 23 October 2018, the Guardian newspaper, following a joint investigation with ITV News, published an article which revealed that many landlords who have been convicted of housing offences and also failed to pass the ‘fit and proper’ person...

Budget 2018: Stamp Duty Land Tax on a new Shared Ownership Lease: what's changed?

Sarah Sams
  • Posted
  • Author

As a result of the recent budget, there have been further changes in respect of the relief that First Time Buyers can claim in respect of Stamp Duty Land Tax (SDLT) payable on the purchase of new Shared Ownership properties.  From 2017, it was the case...

Prenuptial Agreements: they're now worth more than the paper they're printed on

Jonathan Whettingsteel
  • Posted
  • Author

On 28th February 2018, the Office of National Statistics published their findings looking at marriages in England and Wales in 2015. Of the 239,020 opposite sex marriages in England and Wales, 15% were remarrying. This means that in 2015 alone, approximately...

Dutton Gregory's Help to Buy expert reacts to Minister's latest report

Paul  Sams
  • Posted
  • Author

Last week, the Minister of Housing, Communities and Local Government, James Brokenshire, published the latest figures from the Government’s Help to Buy schemes. It was announced that over a third of a million first time buyer properties have been...

A Timely Reminder?

Robert Bolwell
  • Posted
  • Author

Last month saw the acclaimed crime drama Unforgotten return to our Sunday evening TV screens, keeping the nation enthralled by another “who done it”. This third series followed an established format – a body is discovered long after death...

Three Important Factors to Consider When Finding New Office Space

Rachel McNulty
  • Posted
  • Author

When it comes to finding a new office space, there are many considerations to take into account. These can be divided into three main factors: location , size and price . Location The type of business will determine the location, but no matter your...

The Executioner Gets It Wrong........

Robert Bolwell
  • Posted
  • Author

As a teenager, my favourite subject at secondary school was always History.  Not the social history that is taught in schools today, but the history of kings and queens, battles and betrayals, treason and treaties. The gorier the story, the more I...