Tag Archives: Property Litigation

Assigning a lease – what to expect as a tenant

Posted on 04/08/2022 by freestyle

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 →

Posted in Commercial Property, Property | Tagged , , | Comments Off on Assigning a lease – what to expect as a tenant

Eviction ban extended, but there is some help for landlords

Posted on 18/01/2021 by freestyle

The latest COVID eviction rules (the memorably named “Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021”) came into force last week extending the suspension of evictions for residential tenants. The regulations provide that no evictions can take place in England until 21 February 2021. However, there are some exemptions to the ban on residential evictions in certain serious circumstances. These include cases involving trespassers, antisocial behaviour and “substantial rent arrears” (rent arrears of 6 months or more). When making an order for possession, the court should record whether the order falls within one of the exemptions. In the previous bans on eviction, the substantial rent arrears exemption only applied where there were 9 months’ arrears on or before 23 March 2020. Such approach has caused many landlords to suffer considerable financial hardship, and so this loosening will be welcomed. … Continue reading →

Posted in Corporate and Commercial, Litigation and Dispute Resolution, Scott Bailey News | Tagged , , , | Comments Off on Eviction ban extended, but there is some help for landlords