In a remarkably swift response to the current crisis, the government brought in an amendment to the permitted development regulations a day after lockdown was imposed, allowing pubs and restaurants (A4 and A3 uses) to be used for the sale of takeaway food. These measures introduced a new Class DA: “Restaurants and cafes, drinking establishments and drinking establishments with expanded food provision to temporarily provide takeaway food”. Initially a temporary right up until 23 March…

Will landlords be able to keep tenants on the hook and will leases continue even when tenants try to exercise a break right? In the current state of COVID-19 lockdown it could be more difficult for tenants to effectively break the term of a lease. Can a break right be validly exercised when a tenant cannot access the property to remove its goods and carry out any works necessary to reinstate the space by the…

Where a landlord is owed rent, the first instinct may be to reach for the bailiffs to carry out Commercial Rent Arrears Recovery (CRAR) and remove the tenant’s goods. The case of Thirunavukkrasu v. Brar and another reminds us of the dangers of exercising CRAR in situations where a landlord may also look to forfeit the lease for non payment of rent. The facts                  The tenant had missed a rent payment. The landlord instructed enforcement agents,…

Flexible offices are no longer seen as the letting of last resort or a stop gap solution for start-up businesses. They increasingly appeal to a wide range of organisations attracted by flexibility, quality of buildings and unique collaborative working environments. However, as the recent WeWork cancelled initial public offering (IPO) highlights, in this fast-evolving industry which many landlords are keen to be involved in, there are potential risks that need to be considered and managed…

In 2015, the City of Pittsburgh enacted the Paid Sick Days Act (the “Act”). The Act requires all private employers within the City of Pittsburgh to provide paid sick leave benefits to all full or part-time employees under the following guidelines: • Employers with 15 or more employees must provide workers with up to 40 hours of paid sick time per year. • Employers with fewer than 15 employees must provide workers with up to…

In a blog entry posted on Reed Smith’s Technology Law Dispatch Blog, authors Daniel Kadar and Laetitia Gaillard review the first large fine imposed under GDPR regulations. The company, French property management firm Sergic, failed to comply with its obligation to limit the storage of personal data and its security. The fine, €400,000, represents close to 1% of the company’s yearly turnover. Property owners, managers and developers who operate in GDPR signatory countries should review their…

Landowners have historically put unproductive parts of their land to use by allowing telecoms operators to site apparatus on them and charging the operators market rents. Increasingly, digital communication is perceived as a basic need, similar to gas, electricity and water, therefore demand for suitable sites to provide the infrastructure will only increase, particularly with the projected introduction of 5G technology. In anticipation of this, the new Electronic Communications Code (the Code), introduced in 2018,…