Opinions

Marks & Spencer PLC-v- BNP Paribas (14/05/2014) - rent apportionment on breaking a Lease during a quarter.

The Message: It is difficult to imply a term into a lease and parties need to spell out the position clearly regarding re-imbursements payments for rent, service charge, sinking fund, and insurance when a Lease can be ended early.

The Case: The Court of Appeal has decided that quarterly rent payable in advance is not normally apportionable if the lease is broken during the quarter.

How practical and careful do real estate transaction solicitors have to be?

The 3 recent break clause cases of Friends Life-v- Siemens Hearing (3 April 2014), Friends Life –v- A&A Express (9 May 2014) and M&S –v- BNP Paribas (14 May 2014) have all highlighted omissions or practical difficulties caused by the drafting of the break clauses in the Leases.

Respectable and responsible tenants, consent to sublet

First published in Property Law Journal, May 2014. Written by Charlotte Ross.

Forsters real estate litigation update

Commercial rent arrears recovery

What is a solicitors role?

Avoiding a CATastrophe

As a result of the close geographical and historical ties between Ireland and the UK and the large number of Irish people living and investing in the UK, it is quite common for the UK tax and trust advisor to come across Irish issues.

Sunday Times, Ask the Experts

Sunday Times, Ask the Experts

Sunday Times, Ask the Experts

Service Charges: Heed the terms of the lease

Natasha Rees considers a decision that highlights the importance of complying with correct procedures when seeking to recover service charges.

First seen in Property Law Journal, December 2013/January 2014.