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February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreCommercial Property: Court of Appeal penalises poor lease drafting
14th January 2009
The provisions of the Landlord and Tenant Act 1954 (“the Act”) provide protection for tenants.
The landlord cannot bring a lease with the protection of the Act to an end solely due to the lapse of the lease term, the provisions of the Act provide the tenancy will continue on similar terms to the lease unless the landlord can prove one or more of five restrictive grounds also set out in the Act.
Whether a lease is excluded from the protective provisions of the Act depends upon whether the relevant procedure has been followed.
The current procedure requires a landlord to serve notice in a prescribed form upon the proposed tenant at least 10 working days before the lease or agreement for lease is formally entered into. Alternatively, if time is of the essence and the landlord requires the lease to be excluded from the provisions of the Act, the proposed tenant must swear a statutory declaration confirming they are agreeable to enter into the lease on the basis that the same will be excluded from the protection provided by the Act.
The recent case of The London Borough of Newham v Thomas-Van Staden [2008] EWCA Civ 1414 considered whether the tenant had the protection of the provisions of the Act.
Despite having followed the necessary procedure before entering into the lease, the Court of Appeal concluded that the tenant had security of tenure as the lease had not been excluded from the provisions of the Act due to the simple fact that the wording of the lease included provision for “term continuation”, the definition of the lease term included reference to “any period of holding over or extension.”
This recent decision serves as a warning to solicitors and landlords alike of the importance of ensuring a lease is appropriately drafted and specific to the heads of terms negotiated in each case. If it is intended that the lease is to be excluded from the provisions of the Act there must be no reference to any period of “holding over” or “continuation of term” throughout the lease otherwise despite following the necessary procedure the tenant will have security of tenure under the provisions of the Act.
Landlords must take care in the event that the tenant remains in occupation following the expiry of the lease.
Contact Us.
If you have any queries or questions about your business tenancy or any other property-related issue, please do not hesitate to contact Michael Pitt within our commercial property team on 0161 785 3500 or email:
michael.pitt@pearson-hinchliffe.co.uk.
Or click here to contact to a specialist property lawyer.
January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.