Jennifer Hartley

What To Do When Your Retail Tenant Goes Bust

Unfortunately, retail insolvencies in England and Wales are rising as tax increases and falling consumer spend push many retail businesses into survival mode, with many more retailers turning to professional advisors for assistance in navigating mounting costs.  The latest company insolvency statistics show that retail trade insolvencies were up...

Can A Beneficiary Live in a Property Before Probate?

When a person dies, any property that they own will fall into their estate. In broad terms, the executor or personal representative will collect all of the assets and liabilities of the estate and then administer the estate when probate is granted. While an estate is being administered, the property that was owned by the deceased remains in the...

Landlord Warning: Will you have to reimburse your tenant some insurance rent?

There has been a recent landmark decision in the case of London Trocadero (2015) LLP v Picturehouse Cinemas Limited [2025], which all commercial landlords need to be aware of,  as it could mean they have to reimburse their tenants some of the insurance rent that has been paid to them under their lease. Our Property Litigation Solicitors   explore...

Landlord And Tenant Act 1954 Reforms – Securing A Change

Our Property Litigation lawyers explore the proposed reforms to the Landlord and Tenant Act 1954 , which could significantly impact landlords, tenants, and the commercial property market. The review assesses whether the Act remains fit for purpose in light of modern economic challenges and evolving business needs.

Cohabitation and Property Rights for LGBTQ+ Couples: What the Law Does (and Does Not) Protect

Cohabitation in the UK has been steadily increasing, with over 3.6 million cohabiting couples in England and Wales as of 2021 , which is an increase from 1.5 million in 1996.   This reflects a broader societal shift towards living together without formal marriage or civil partnership.   Among these, approximately 476,000 individuals were in...

Who Gets The House When An Unmarried Couple Splits Up?

When a cohabiting couple separates, the parties often want to know what happens with the property. Are they able to sell it? How is the equity split between them? Ultimately, if the parties are unable to agree between themselves, then the Court has...

Turnover Rent in the Retail Sector: A Flexible Leasing Solution for Challenging Times

The UK retail market has faced a challenging period in recent years.  It has had to deal with challenges from a number of factors, including Brexit, the Covid-19 pandemic, the cost of living crisis, increasing business rates and greater energy costs. Landlords are engaging with tenants to consider more commercial alternatives in respect of...

The Renters' Rights Bill: What You Need to Know

The rental market has recently come under increasing scrutiny as landlords, tenants, and legislators seek fairer housing policies. One of the most significant developments is the introduction of the ‘Renters’ Rights Bill (now the Renters’ Rights Act 2025), some of these reforms have now come into force.

How to Deal With Terminal Dilapidations

When a lease approaches expiry, a landlord will consider the property's condition and whether the tenant is in breach of any of the lease's clauses relating to the property's repair and maintenance. When dealing with a terminal dilapidations claim , the parties should consider the provisions of the Dilapidations Pre-action Protocol. This requires...

What Happens to a House When an Unmarried Couple Splits and Only One Partner Owns It?

There is a myth that when you live with your partner for a long period of time, you are in a “ common law marriage ”. However, the reality is that there is no such concept in England and Wales.  Whether you have lived with your partner for one year or 50 or are not married, you have no automatic rights to your partner’s assets if your...

What Happens to Sub-Tenants if the Headlease is Forfeited, Surrendered or Disclaimed?

There are different consequences to the sub-tenants interest if a headlease is forfeited or surrendered.  Our Property Litigation Solicitors explore the impact on a sub-tenant in both scenarios.

Can a Landlord Take Back Possession of my Retail Premises to Redevelop the Site?

The answer to this question will depend on whether your lease is protected by the Landlord and Tenant Act 1954 ("the 1954 Act").  If the lease has the 'protection' of Part II of the 1954 Act, the business tenancy will not end unless terminated under the 1954 Act. Our Property Litigation Lawyers and Retail Team analyse the case of Sainsbury's...

What Is A Private Nuisance?

In a landmark ruling on 1 February 2023, the UK Supreme Court clarified that how modern buildings are used can amount to private nuisance, impacting property owners, occupiers, and developers. Our Property Litigation Solicitors explain what a Private Nuisance is, who's affected by it and how the case of Fearn v The Board of Trustees of the Tate...

Nature of Easements

Easements are a key consideration for landowners and developers, as a failure to consider their implications properly may have the result of severely inhibiting a development scheme. This blog identifies common easements, examines how they are created, and discusses common forms of disputes that arise from easements. Our Property Litigation...

Residential Landlord Possession – What To Do If Your Tenant Refuses To Move Out

In most cases, a tenant will leave after the landlord has served a Section 8 Notice or a Section 21 Notice requiring the tenant to vacate the property. However, when the tenant fails to vacate, the landlord may be forced to proceed with Court action. Our Property Litigation  Lawyers explain the processes Landlords can follow if a tenant refuses...

Navigating the Complexities of Dilapidations in the Hospitality and Leisure Sector

Opposing Lease Renewal on the Grounds of Redevelopment

The Landlord and Tenant Act 1954 ( the Act ) was introduced after the end of World War 2 to provide business tenants with security of tenure. The Act provides business tenants with the right to continue in occupation of the premises after the end of the contractual term on the same terms as their current lease , as well as a right to acquire a...

What Are My Options to Enforce a Legal Charge?

We often have conversations with clients who ask what their options are to enforce a legal charge. Ordinarily, the client will have lent money to a third party, entered into a formal Facility Agreement concerning the loan and secured the loan by way of a legal charge against a property. The borrower will have failed to repay the loan on the...

Leasehold Reforms: How to Extend the Lease on my Flat

The current rules state that if you are a leaseholder of a flat and have been occupying it for more than two years, you have the legal right to extend your lease for an additional 90 years with the ground rent becoming a peppercorn, i.e., nil. In...

Right to a New Lease

Whether your tenant has a right to a new commercial lease depends on whether Part II of the Landlord and Tenant Act 1954 ( the Act ) applies to the tenancy or whether the lease has been contracted out of the security of tenure provisions of the...

Discharging Restrictive Covenants: A Win for Developers

Potential development sites are often blighted by restrictive covenants limiting the scale or type of development. Developers will therefore welcome the outcome of the recent case of  HAE Developments Ltd v Croft Ealing Ltd and others  [2022] UKUT...

What Is Equitable Accounting?

If a jointly owned property is sold, once the net equity in the property has been split between the owners in accordance with their interest in the property, the court can be asked to undertake an "equitable accounting" exercise.

Residential Possession: What Notice Should a Landlord Serve on a Tenant?

Residential properties are often let by a landlord to tenants on assured tenancies. There are other types of residential tenancies, but these are the most common. If a landlord wants to regain possession of their property that is let on an assured...

Lease Forfeiture in Tropical Zoo Ltd v Hounslow Case

The High Court ruling in Tropical Zoo Ltd v Mayor and Burgesses of the London Borough of Hounslow highlights several key legal issues now at the forefront of commercial landlords' and tenants' minds, especially those operating in the hospitality and leisure sectors. The judgement serves as a stark reminder of the complexities of lease covenants...

The Hampstead Heath Squatter: Claiming Ownership Through Adverse Possession

Harry Hallowes, known as 'Harry the Hermit,' transformed his life after being evicted from his Highgate council flat in 1987. Settling in a secluded corner of Hampstead Heath without the landowner's consent, his determined presence over decades laid the groundwork for a landmark legal case. Our Property Litigation solicitors delve into the...