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Property Litigation Watch

Issue 6: April 2023

Property Litigation Watch

Editor's Note

Daniel Levy, Partner, Head of Real Estate Disputes, Real Estate

Welcome to the Spring edition of Property Litigation Watch.
In this issue, The Property Mediators' Iain Travers lifts the veil on the world of mediation in our 'Speaker's Corner' Q&A, and we update you on some key legal and regulatory topics including the Law Commission's review of the Landlord and Tenant Act 1954, minimum energy efficiency standards (MEES) and the role of forfeiture in commercial leases. In addition, our 'On the horizons' piece looks ahead more broadly to reforms and landmark cases expected across the commercial and residential property spheres in 2023.

Read the full note

News
Contract sigining

Spotlight on the Landlord and Tenant Act 1954

For almost 70 years, the Landlord and Tenant Act 1954 has granted certain business tenants the right to renew their lease subject to the landlord being able to oppose that renewal on certain grounds. Now the Act is under scrutiny from the Law Commission. Daniel Levy answers some key questions around whether the Act is still fit for purpose.

News
Sustainability solar panel

Minimum energy efficiency standards to commercial property in England and Wales

The Minimum Energy Efficiency Standard (MEES) rules require landlords to upgrade energy inefficient properties before renting them out. Since 1 April 2018, it has been unlawful to rent out premises with a low energy rating. From 1 April 2023, even existing leases will become unlawful if the premises have a low rating. A property is caught by MEES if its EPC (energy performance certificate) has a rating of “F” or “G”.

News
House keys hands

The ramifications of MEES on the landlord and tenant relationship

In our first article on the Minimum Energy Efficiency Standard (MEES) regulations, we set out the core elements of MEES, what it means, the requirements, the exemptions and the penalties. In this article we consider the wider issues that MEES may present in the landlord and tenant relationship and the potential disputes that may arise. Both landlords and tenants need to consider its effect throughout the lease, from the terms agreed for the lease, the terms of any licences, the implementation of rent reviews, the operation of any break clause and considerations on lease expiry.

News
City of London

The role of forfeiture in commercial leases

The doctrine of forfeiture has developed over the centuries, with recent cases considering the extent of the jurisdiction and the nature of the rights that equity will apply relief to with the outcome that the jurisdiction is expanding. In two recent articles for EG, our team considers relief from forfeiture and issues around rent deposits.

News
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On the horizon

What's coming up in the property world? Ros Monk, Alex Barker, Isabel Emerson-Lich and Laura Odlind, Robert Mackay in our Property Litigation Group consider some of the key reforms and landmark cases expected across the commercial and residential property spheres this year.

Property Litigation Watch Issues

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