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Lease of commercial premises – tenant’s option to terminate – whether notice of termination valid

Sirhowy Investments Ltd v Henderson and another [2014] EWHC 3562 (Ch) (Newey J) (30 October 2014)

This case neatly follows on from the item above and the possibility that the Supreme Court may take a detailed interest in option to break clauses. In the subject case the tenant sought to exercise a right to break and to terminate the lease.

Leases, Options

Licence breach – requirement to remedy notice – can the breach be remedied - termination

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 (5 November 2014)

Another Supreme Court decision on a residential matter but it contains comments of general application in the landlord and tenant sector and again we highlight the case to raise awareness.

Leases, Forfeiture

Mixed use schemes – repairs – duty to consult with residential lessees – extent and scope of the duty

This case will be interest to readers who act for commercial landlords who manage a mixed use scheme. The residential part is subject to a high level of regulation, principally imposed by the Landlord and Tenant Acts 1985 and 1987.

Leases, Service Charges

Joint tenants – notice to quit by one – binding on the other

Although this case directly concerns a local authority secure tenancy the general thrust of the affirmation of common law principles by the Supreme Court is of general application and so we highlight the decision in brief.

Tenancies, Renewal of Tenancy

Business tenancy – tenant partnership – landlord one of the partners – renewal tenancy – licence – injunction

In our June/July 2014 issue, Commercial Leases Vol 28 Issue 5 at p2068 we highlighted the Court of Appeal decision on a dispute between two dentists who were in partnership and where one of the partners granted a business tenancy to the partnership and the other partner sought a renewal tenancy pursuant to Part II Landlord and Tenant Act 1954 (the Act). The application failed because the continuing partner was not able to bring himself within s41A of the Act.

Leases, Renewal of Lease
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Commercial lease – option to break – conditions precedent – apportionment of rent prior to termination

News Item - In our June/July 2014 issue Commercial Leases Vol 28 Issue 5 at p2070 we highlighted the Court of Appeal Decision in this which held rent paid on the quarter day prior to the break date in the full amount for the quarter, was not subject to apportionment when it became certain the break was effective and the court held that the tenant was not entitled to a rebate by way of an apportionment from the day after the break date to the last day of the subject quarter.

Leases, Options

Leases – rights and reservations granted – implied reservations – right of entry to repair, reroute and lay new gas pipes – nuisance – trespass

Although this case concerns a lease of residential premises the principle issues are of general application to landlord and tenant law. The case arises from a drafting mismatch in rights granted and reservations and emphasises starkly the need for utmost care to ensure that reservations are broadly and clearly expressed.

Leases, Rights & Easements

Shopping Centres – management committees – variations of scheme – variation of leases – landlords approach and landlord’s rights

It is convenient to take these two related Scottish cases together. They tell a cautionary tale that owners and managers of retail parks will wish to take on board.

Leases, Rights & Easements

Contract for the sale of land – forged signature – ratification – specific performance

In November 2009 the defendant seller (S) agreed to sell a property to the claimant purchaser (P) for the sum of £155,000.

Sale & Purchase, Sale of Lease

Certificate of practical completion – development project – right to rescind – obligation to complete

The developer vendor (V) agreed to sell and the purchaser agreed to buy former agricultural barns once V had converted them for residential occupation.

Sale & Purchase, Rescission for Breach

Lease of commercial premises – user restrictions – competition law

This case concerns the impact of competition law. The judge was asked to determine a preliminary issue in an unopposed application for a renewal tenancy under the Landlord and Tenant Act 1954 (‘the Act’). The issue concerned the user clause of the proposed new lease.

Renewal of Lease, Tenancies

Tenant insolvency – landlord’s obligation for empty property rates

In our February 2014 edition, Commercial Leases [2014] Volume 28 Issue 1 at p2020, we summarised a number of recent decisions focussing on what was meant by ‘occupation’ so as to give rise to an obligation on a landlord to discharge business rates on empty property. The issue surfaces again in this case where the tenant became insolvent and the liquidator disclaimed the lease.

Tenancies, Tenant Insolvency

Business premises – severe disrepair – premises not capable of occupation – liability for business rates

In our February 2014 issue, Commercial Leases Vol 28 Issue 1 at p 2010, and in our August 2014 issue, Commercial Leases Vol 28 Issue 6 at p 2078 we highlighted several cases in which the key issue was who should bear the liability for business rates. This further case was heard in the summer and we highlight it to raise awareness.

Disputes & Litigation, Disrepair & Dilapidations

Lease to park cars – expiry – creation of an easement to park

We mention this case in brief to raise awareness because it may be of significance. We have yet to track down the full transcript of the judgment. If any readers have a copy please pass it on.

Disputes & Litigation, Rights & Easements