Monthly Archives: August 2022

Assigning a lease – what to expect as a tenant

Assigning a lease involves transferring your current lease to another entity (whether an individual, partners, or a limited company) who takes your place. Accordingly, the new tenant steps into your shoes, and takes on your rights and obligations under the contract. In the commercial property context, this proves particularly useful for businesses who wish to change locations, or need to move into a different sized premises. However, there are a number of points to consider to help you best to protect yourself in the process.  Firstly, most leases will contain a contractual term dictating that assignment can only occur with your landlord’s consent. Therefore, it is important for you as the outgoing tenant obtain a licence to assign. Fortunately, the Landlord and Tenant Act 1927 puts the landlord under an implied duty to not unreasonably withhold consent to a lease … Continue reading

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What is a Rentcharge (and do they matter)?

Rentcharges are historic mechanisms which allowed Landowners to sell land to developers at a reduced sum and in return receive a yearly income from the land. The landowner who received the sum would be known at the rentcharge owner. Such mechanisms were popular in the Victorian times although were also seen in developments as late as the 1970’s. In 1977 the Rentcharges Act abolished the creation of new rentcharges subject to a few exceptions. The Act also created a ‘shelf life’ for any existing rentcharges of 60 years and such relevant rentcharges are due to expire in 2037. Remedies The remedies afforded to a rentcharge owner under Section 121 of the Law of Property Act provides that if a rentcharge has not been paid for a period of 40 days the rentcharge owner has a statutory right to pursue the arrears … Continue reading

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