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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!
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.
Partner and Head of Real Estate
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