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You may remember that the Energy Performance of Buildings (England and Wales) Regulations 2012 introduced a new obligation to display an EPC in any non-residential building that is frequently visited by members of the public, where the building has a total useful floor area of more than 500 sq metres. The EPC must be displayed in a prominent place, clearly visible to members of the public. It only applies to EPCs provided since the 2012 regulations came into force (on 9 January 2013) and there’s no need to commission one especially.
At the time, I think most businesses were pretty relaxed about this obligation as there were no sanctions for failing to comply. However, this position changed last week and there is now a one-off £500 penalty charge for failing to comply – levied by the local weights and measures authority. It’s not a significant sum – but it does show an appetite to impose financial sanctions in this area and we’ll be keeping an eye on the position going forwards.
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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