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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.
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.
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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.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
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