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In our post on 8 November we highlighted that some high street stores in depressed areas are being let for £1 allowing landlords to avoid business rates on vacant units. There are now reports that some landlords and listed retail groups are paying charities to occupy their vacant units and exploiting their charitable status giving discounts of up to 100% on liability for rates. Donations are seen as cheaper than paying rates. However, some charities are not even occupying the shops and are just placing posters in the windows. Hilary Benn, shadow communities secretary, has called on local authorities to investigate. His view is that placing posters in an otherwise empty shop should not qualify for rate relief.
Business rates on the high street is an increasingly contentious issue and we’ll have to see how the government reacts once Mary Portas’ report is published.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
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One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
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