Industry comment, updates and news from the Websters team.
Emma Lunn reports in This is Money that many people with landlord insurance may be disappointed to find that unpaid rent isn’t covered. In most cases it only reimburses lost rent for periods when a property is uninhabitable because of another insured event such as a fire. Therefore landlords need specialist rent guarantee protection but there are many caveats.
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In Manches News & Publications it is pointed out that tenants who have exercised a break right often object to paying a whole quarter’s rent for a period of time that extends beyond the break date, where that date occurs mid-quarter. However, they should be far more concerned about the alternative scenario, namely remaining on the hook for the rent and all the other lease obligations for the rest of the term, as a result of trying to save relatively small amounts of money.
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In an article by Clyde & Co, the recent case of ANSA Logistics Ltd v Towerberg Ltd considered a common tenant’s covenant: “Not to assign, underlet or part with
possession of the demised premises or any part thereof without the previous
consent of the landlord, which consent shall not be reasonably withheld.”
ANSA approached the landlord in November 2011 to
ask for consent to underlet but the landlord refused. The landlord
also served a notice on ANSA forfeiting the lease for breach of
the alienation covenant. ANSA applied to the High Court for a
declaration, and the Court considered two questions:
–– Had ANSA parted with possession; and
––Was it reasonable for the landlord to withhold consent?
Firstly the Court decided that ANSA had not parted with
possession and so had not breached the covenant.
The landlord then gave a further reason for withholding
consent concerning Ford’s financial standing. The
Court found this to be unreasonable as only 11% of companies had a lower risk of failure at that time.
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Camden Council leaseholder tenants may not have been charged for service charge works carried out via district (housing) management committee’s since at least 2001.
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