COVID no defence to non-payment of commercial rent arrears

The decisions in two cases recently heard by the High Court will be welcomed by landlords of commercial premises.  The cases of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd and v Cine-UK Ltd and others were disputes over non-payment of rent during the COVID-19 pandemic and in both the Court decided that the rent arrears were payable despite the impact of closure and restrictions on the businesses. The facts in both cases were similar. In the first case the tenant TFS Stores Limited operates as ‘The Fragrance Shop’ and its landlord claimed £166,884.82. In the second case there were in fact separate claims heard together against Cine-UK Limited, operating a cinema complex, Mecca Bingo Limited and SportsDirect.com Retail Limited. In the TFS case the tenant put forward…

How to keep out of the mire when buying a home with a septic tank

Sewers and human waste may not be the first things you think about when looking for a new home, but many rural and semi-rural properties do not have mains drainage and so rely on a septic tank. This can have important legal, practical, and costly implications, particularly since environmental regulations could mean that an old system is now unlawful. Here Holly Stevens, Head of Residential Property with Ware & Kay in York considers the rules relating to septic tanks and why they could be important when buying a home or a holiday property in the countryside. Septic tanks and water quality If you are buying a property without mains drainage, you will want to make sure it has an adequate way of disposing of waste. Nobody wants raw sewage backing up into their new home! However…

Refresher on family-friendly rights and the implications of Covid-19

While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last year as home-schooling affected many families and some children even made an appearance in professional video-calls. Employers need to be familiar with family-friendly rights and the impact of the pandemic on parents and pregnant workers. Gillian Reid, Head of Employment with Ware & Kay reminds employers that ‘not complying with family-friendly rights can lead to expensive and time-consuming tribunal claims.’ Gillian Reid runs through the main family-friendly rights and protections, including rights in a redundancy situation and the implications of furlough arrangements, as well as highlighting employer responsibilities to protect pregnant employees during the pandemic. What are the key rights to family-friendly leave? Regardless of length…

Employee, worker or self-employed? Comparing status and rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed. The Supreme Court in Aslam v Uber [2021] recently gave useful guidance on the approach that should be taken, particularly with vulnerable workers, emphasising that it is the actual arrangements on the ground that matter and not what the contract says. ‘To add to the confusion, the definitions of employee and worker vary depending on the various rights,’ says Gillian Reid, a Solicitor in the employment law team with Ware & Kay. ‘The…