The editor of this section is Sarah Thompson-Copsey, solicitor and freelance property law trainer (sarah@thompsoncopsey.com) Clipper Logistics Plc v Scottish Equitable Plc [2022] (Sheffield Count Court, 07.03.22) (As this is a County Court decision it is not on...
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Business Lease Renewal
COVID and Rent Review
Saville-Edells & Saville Edells v Jain [2021] (CLCC, 15.12.21) (As this is a County Court decision it is not on Bailii: you can find a transcript on our site at https://www.propertylawuk.net/wp-content/uploads/2022/03/Saville-Edells-v-Jain-2021-CLCC-.pdf ) ...
Turnover Rents
W (No.3) GP (Nominee A) Limited v JD Sports Fashion plc [2021] (Nottingham CC, 22.10.21) (As this is a County Court decision it is not on Bailii: Please find the transcript on our website at...
Intention to Occupy
The editor of this section is Sarah Thompson-Copsey, solicitor and freelance property law trainer (sarah@thompsoncopsey.com) Macey v Pizza Express (Restaurants) Ltd, [2021] EWHC 2847 (Ch) https://www.bailii.org/ew/cases/EWHC/Ch/2021/2847.html Summary The...
New lease terms (other than rent and duration)
Topics covered on this page are: Introduction The main principles as set out in the leading case of O'May. Variable service charge imposed. Authorised guarantee agreements - can they be imposed? Introduction When a new is granted what should be its terms? There are...
Compensation
This page deals with compensation payable to the tenant in two different sets of circumstances: Where the tenant is unable to obtain a new tenancy because the landlord is objecting on grounds (e), (f) or (g); Where the landlord gets the property back after he has made...
Registration of claim
Relationship between 1954 Act and the LRA Article: "Get in on the action - and get registered" by Malcolm Dowden, Charles Russell - An interesting article considering the relationship between the two Acts. In particular Malcolm suggests that a tenant applying for a...
Contracting out
This page contains cases dealing with the contracting out provisions of Part II of the 1954 Act. There was a fundamental change in the procedures in 2004, which are now contained in s38A of the Landlord and Tenant Act 1954 and Schedule 2 of Regulatory Reform (Business...
Easements on renewal
Easements and rights on lease renewal Some practical points By John Martin Introduction To tenants of most business premises, the right to lease renewal under the Landlord and tenant Act 1954 (-1954 Act-) would be of little value unless they were also guaranteed...
Ground (c)
Use or management Flouting the law at the premises Fowles v Heathrow Airport Ltd [2008] EWCA Civ 1270 Facts This was an application for a new lease. L objected on the ground set out in s30(1)(c), which states: -that the tenant ought not to be granted a new tenancy in...