Landmark arbitration award under the UK Coronavirus Commercial Rent Arrears scheme

Rent arrears at a retailer’s HQ are not a protected rent debt: landmark arbitration award under the UK Coronavirus Commercial Rent Arrears scheme as deadline looms closer A statutory arbitration scheme for the resolution of commercial rent arrears that accrued during periods of government mandated closures in response to the pandemic came into force on … Read more

UK developers/landlords – always avoid uncertainty of undocumented occupation

We’ll paint a scene for you: a multi-let building is ripe for redevelopment and the developer/landlord is working towards obtaining possession of the various parts and terminating any rights that will interfere with the development. It knows that one tenant has a lease, contracted out of the Landlord and Tenant Act 1954 (the 1954 Act) to … Read more

Building Safety Act 2022 – which provisions made the cut?

The Building Safety Bill has finally finished its legislative journey. On 28 April 2022 it was granted Royal Assent, thereby becoming the Building Safety Act 2022 (the Act). Given the size of the Act, it’s no surprise that it took a few days to work out which of the many proposed amendments to the Bill … Read more

Commercial rent arrears: paid or delayed?

Landlords of commercial premises have, quite understandably, been awaiting further details of the UK Government’s anticipated “binding arbitration” scheme for rent arrears which have accrued during the Covid-19 pandemic and associated lockdowns. Happily for landlords and developers, a recent decision in the High Court has suggested that the courts will not entertain tactics by tenants … Read more

Cost implications at the permission stage for those bringing judicial reviews

This blog was first posted on Herbert Smith Freehills Public Law Notes. In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of … Read more

Government introduces the Judicial Review and Courts Bill into Parliament

This blog was first published on HSF Public Law Notes on 23 July 2021. On 21 July, the Government introduced the Judicial Review and Courts Bill into Parliament. The Bill was foreshadowed in the Queen’s Speech on 11 May as part of the Government’s aim to ‘restore the balance of power between the executive, legislature and the courts’. … Read more

Covid-19 update: restrictions on enforcement extended

At the eleventh hour, and despite previously declaring that it was the final extension, the UK Government has today announced that the current restrictions on landlords being able to forfeit commercial leases for non-payment of rent (which protection was due to expire on 30 June 2021) has now been extended until 25 March 2022. Read more