It is easy to overlook the importance of the Energy Performance Certificate (EPC) in Lease transactions. Generally, parties are keen to get the Lease completed as soon as possible and, although it is a legal requirement that an EPC is made available when a property is marketed for sale or let, the commissioning of an EPC is often an afterthought or box ticking exercise.

​A recent Supreme Court judgement found that a landlord had breached its obligation to the other flat tenants to enforce the tenant covenants of the flat leases by giving its consent to alterations which were prohibited by the leases.

​From 4 May HM Land Registry are introducing temporary changes to assist with ongoing land transactions during COVID-19. These measures are only temporary during the current pandemic and may be modified or withdrawn at any time.

Further measures have been announced to protect companies and commercial tenants from aggressive rent collection by their landlords during the Coronavirus pandemic.

The Coronavirus Bill is currently going through Parliament. Section 82 of the Bill, when enacted, contains provisions to ensure that no business will be forced out of their premises if they miss a payment in the next 3 months.

In a commercial lease, it is common for the landlord and the tenant to agree that the rent payable under the lease is subject to change at certain points during the lease. These provisions are known as rent review clauses. Some of the most common types of rent reviews are market rent, indexed rent and stepped increases.

A recent case has confirmed the need for purchasers of HMO’s to obtain their own licence – even if the seller’s hasn’t yet expired.

When entering into negotiations for a new lease of commercial premises, a tenant should consider whether they require a tenant’s break clause.