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Commercial

Review of commercial

Review of commercial landlord and tenant legislation to be launched

Communities Secretary Robert Jenrick announced in December 2020 a review of the outdated commercial landlord and tenant legislation will be launched in early 2021, to address concerns that the current framework does not reflect the current economic conditions. This review will consider how to enable better collaboration between commercial landlords and tenants and also how to improve the leasing process to ensure our high streets and town centres thrive as we recover from the pandemic and beyond. The review of commercial landlord and tenant legislation will be launched this year…

Squatters beware

How to repossess your property from squatters

Squatters have been an inconvenience for landlords, both residential and commercial, for many years. Of course, in residential situations, a person trespassing, or squatting in a house is a criminal offence, and assistance from the police is common. In a commercial scenario, the situation is far more complex and time-consuming, with a squatter having to be evicted with assistance from the courts and with possession being enforced by County or High Court Enforcement Officers. Our Litigation department at Bowling & Co recently assisted a client to recover possession of their…

Retail tenants should

Retail tenants should check the small print

As a fresh wave of lockdown measures cut across the UK, retail tenants may be experiencing new concerns about how to pay the rent, but another ticking timebomb is the viability of their landlords. Even before the pandemic, the high street was undergoing radical change and the continuing restrictions have seen a dramatic shift in consumer habits towards online shopping. Faced with such a shift towards e-commerce, few were surprised to see the recent demise of Intu, a large retail landlord with shopping centres that include the Trafford Centre in…

Commercial leases during a pandemic

Tenants’ guide to commercial leases during a pandemic

Whilst various lockdown restrictions have been eased, others have only recently been introduced. This has led to a plethora of concerns with some commercial tenants now seeking clarity in respect of their position. Accordingly, we have put together a guide below to clarify some points commonly raised. What to do once your lease term ends? If you have decided to move on upon the end of your contractual term, then all you would need to do is simply move out. However, if recent events have resulted in indecision with your…

implications lease

High Court – implications of lease terms when giving up a lease

In a case at the High Court on the 23rd September 2020, the High Court examined how a clause in the lease about returning the property to the landlord at the end of the lease applied where asbestos was left buried across the site at the end of a lease. The tenant had appointed consultants to remove buildings from the site. The consultants' works in dismantling the buildings had disturbed asbestos-containing materials and spread them across the site. As with all such matters, the facts of the case were critical,…

privacy policy contain

What is a privacy policy and what should it contain?

Briefly, a Privacy Policy is a statement that specifies how a data controller collects, stores, processes the personal data provided by the users of a website. As required by the EU General Data Protection Regulation (GDPR) data controllers should provide certain information to individuals whose personal data is held and used for specific purposes. The definition of personal data includes names, addresses, IP addresses, telephone numbers, date of birth, and financial information, such as debit or credit card details. The GDPR emphasizes that you should be clear about how you…

New grants for businesses

COVID-19: New grants for businesses affected by local lockdowns

On 9 September 2020, Ministers announced new funding to support businesses that have been forced to close temporarily due to local COVID-19 related lockdowns. To be eligible for the grant, a business will have been required to close due to local COVID-19 restrictions. Businesses still closed at a national level (e.g. nightclubs), will not be eligible for the scheme. Larger businesses will receive £1,500 every three weeks they are required to close. Smaller businesses will receive £1,000. For this purpose, the level of support will be defined as follows: If…

terms and conditions

Checking all your T&Cs match up to the new normal

Companies should prioritise risk management in their approach to business and review their third-party relationships and contracts as the coronavirus pandemic continues. While the degree of disruption to supplies and staffing has settled since its initial peak, it is still fragile, and the future uncertain.  Staff are engaged in new ways of working and supply chains continue to experience pressures outside their control. With the pandemic reaching into every aspect of business, it is important to review practices, policies and processes to be sure they match up to the new…

FCA consults on additional guidance for mortgage providers in COVID-19

The Financial Conduct Authority (FCA) has announced proposals to ensure that firms provide tailored support to mortgage borrowers who continue to face payment difficulties due to coronavirus. The FCA has published a guidance consultation setting out further information for mortgage providers and COVID-19 affected borrowers. The FCA's proposals aim to support mortgage borrowers who have taken up payment deferrals and who continue to face financial difficulties. The proposals will also help those whose financial situation may now be affected by COVID-19 post lockdown. The draft (in consultation until 1 September)…

Changes to the Use Classes Order to give greater clarity and reflect the diversity of uses

The Government is making a number of changes to the planning process and one significant update is the changing of the categories of use in the Use Classes Order from 1 September 2020 in England. The aim is to make the Use Class a better fit to the current needs and diversity of uses on the high street and in town centres. The Town and Country Planning (Use Classes) Order 1987 will be amended to include 3 new classes and remove a number of the well-known ones. (See the chart…

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