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New rules will make it harder for retailers in England to convert pubs into retail space.
Currently, such a change of use does not generally require an express planning permission. That will change from 6 April where the pub is listed by the local authority as an asset of community value, i.e. it is a property whose use furthers the social well-being or social interests of the local community (and it is realistic to think that such a use can continue in the future).
Even if a pub is not listed, a retailer will not be able to proceed without first asking the local authority in writing whether the pub has been nominated for listing. The retailer must then wait for 56 days and must complete the change of use within a year. Further provisions then apply if a nomination is received by the local authority.
Good news indeed for those wishing to preserve the pub as a British institution, but potentially bad news for retailers!
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
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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.
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.
Partner and Head of Real Estate
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