PCB News

Our online library contains articles on a wide range of legal matters. Simply click on the titles below that you are interested in.

• Asbestos - Who is responsible?
• The government plans to introduce new responsibilities for landlords and occupiers, aimed at reducing the risk of exposure to deadly asbestos dust, which is hidden in at least 80,000 UK buildings.
• Collecting rent can be a nuisance!
• Can a managing agent be treated as an owner of the property by collecting rent and therefore be liable for statutory breaches?
• Danger of escalating nominal ground rent on long leases
• These days many people buy 'virtual freehold' 999 year leases. The ground rents are often very nominal and nobody cares too much if they double every 25 or 30 years.
• Disability Discrimination Act - what does the new legislation mean for landlords
• Part III of the Disability Discrimination Act is due to come into force in October 2004. Landlords need to understand their new responsibilities and to take the necessary precautions now.
• Don't be late for change in rates
• You wish to redevelop your multi-let office building and have a number of leases expiring soon. When should you serve your Section 25 notices?
• Have you served the right Section 17 notice?
• The Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 prescribe two different forms of notice. Managing Agents have been known to use the incorrect form, which will be of no effect.
• How can a solvent company end its lease early with no break clause?
• Your tenant's premises are over-rented and the lease has many years left to run. The tenant company has placed itself in voluntary liquidation and the lease has been disclaimed. Is that legal and what can you do?
• How does the Competition Act 1998 affect your property?
• The Competition Act 1998 prohibits both anti-competitive agreements and, quite separately, the abuse of a dominant commercial position. If the Act is breached the Office of Fair Trading has the power to impose a fine.
• I want my premises back!
• What can you do if your tenant doesn't leave at the end of his lease?
• Landlord and Tenant
• A company acquires an investment property where the Tenant has inadvertently granted a sub-lease for a term equaling or exceeding its own lease term perhaps only by 3 days.
• Licences are dangerous
• A Landlord wants short-term income from an empty unit. An occupier wants to trade temporarily from that unit. What is the problem?
• Lump sum or rent-free period?
• You are taking a lease and require a rent-free period, but your landlord offers a lump sum instead. The landlord claims that you won't need to pay tax on the payment. Is he right?
• Short-term leases and service charge recovery
• A rather disturbing recent decision is the case of Scottish Mutual Assurance v. Jardine.
• Tenant bluff fails...but Court of Appeal turns it around
• In the case of Sun Life Assurance plc v. Racal Tracs Limited, the tenant served a notice under Section 26 of the Landlord and Tenant Act 1954 requesting a new tenancy but had no intention of renewing its lease.
• The alterations trap
• The lease contains an absolute prohibition on alterations. Can the tenant carry out any alterations?
• When is a notice not a notice?
• Your landlord has served a Section 25 Notice on you ending your lease. You have served a counter notice protecting your lease and now must apply to the court for a new tenancy. How much rent should you specify for the new lease?
• Will the taxman clean up your contaminated building
• For some time it has been understood that the cost of cleaning up contaminated land qualified for Contaminated Land Tax Relief. Is this tax break available to buildings which are, for example, contaminated with asbestos?
• Your tenants also have human rights!
• The Human Rights Act 1998 came into force on 2nd October 2000. The Act will now be incorporated into all aspects of UK domestic law. This will include the legal relationship between landlord and tenant.

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