The pandemic has resulted in significant change to the workplace and many businesses are now considering what model works best for their future whether that is a full time return, working from home or a hybrid approach. We set out the key things to consider below.

The pandemic has previously prevented commercial landlords from forfeiting a lease by peaceable re-entry due to rent arears as a result of the Coronavirus Act 2020 (“the Coronavirus Act”). However that situation has now changed due to the Commercial Rent (Coronavirus) Act 2022 (“the Act”).

The Coronavirus pandemic significantly affected many business sectors and landlords may now wish to reassess their options in seeking to re-let their properties.

A new Form 3 (the section 8 notice) came into force on 4 May 2021. There is no new information to be inserted on the form but you should be alert to the following:

The 2020 Regulations will apply to most debts accrued before or after 4 May 2021 which include arrears of rent, whether that be due to benefits being used for something other than housing, there is an issue with a tenant’s benefits claim or a temporary reduction in income caused by Covid-19.

Since 1 April 2021, it has become mandatory for an electrician to inspect all electrical installations in privately rented properties and produce an Electrical Installation Condition Report (EICR) at least every five years.

For most commercial landlords, it has been over a year since they have been able to use their potent remedies of forfeiture and insolvency proceedings against tenants in rent arrears.

Extension of Forfeiture Restrictions is good news for commercial tenants, but not so much for landlords. In response to the UK Government’s road map out of the pandemic, restrictions on commercial lease forfeiture for rent arrears imposed by the Coronavirus Act 2020 are set to be extended until 30 June 2021.

Anyone familiar with residential tenancies will know of the onerous duties placed on landlords to protect deposits taken from tenants. Once the initial window for compliance has passed, you cannot serve a valid Section 21 Notice and are automatically liable for a claim for a minimum of one and maximum of three times the value of the deposit. This is the case even if breach is only a failure to provide prescribed information about the protection scheme.

As if landlords didn’t have enough paperwork to worry about, as of the 1st April 2018, things got even more complicated. The minimum ratings for Energy Performance Certificates (which have been mandatory for some time) got a lot tougher, and now any rental property must achieve at least an ‘E’ rating for it to be rented out. Whereas before this only applied to new tenancies, now, it covers existing rental agreements too.

A common issue facing landlords is one tenant in a joint tenancy wanting to leave whilst the other wants to stay. A landlord facing this situation needs to know the rights and obligations of both tenants.

Easements and rights of way – Get off my land! Who can access your property if you have a footpath or right of way running through it. If you have an easement running through your property, you may be wondering who has access to your land.