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Contracts for the sale of land – interpretation – rectification – rents and profits

Hogg v Eddery [2015] EWHC 942 (Ch) (Asplin J) (24 February 2015)

This case concerns the development of a property and the payment of an instalment of the price. The issue was the proper construction of the expression “letting” as used in the formula.

Sale & Purchase, Sale of Property

Shopping centre – variation of a lease – unreasonable withholding of consent by the tenant

Gyle Shopping Centre General Partners Ltd v Marks & Spencer plc [2015] CSOH (Lord Tyre) (12 February 2015)

Staying with Edinburgh for the moment, readers may recall from our November 2014 edition,  two cases where the tenant (M&S) was at odds with its landlord over the extension of the Gyle Shopping Centre in central Edinburgh to accommodate a new store to be let to Primark.

Disputes & Litigation, Reliefs & Remedies

Terminal dilapidations – construction of lease – extent of tenant’s liability

In this Scottish case the judge was required to construe ambiguous terms of the lease as regards the tenant’s liability to pay a claim for £8,062,006 in respect of terminal dilapidations.

Tenancies, Repairing Covenants

Shopping centre – extension – derogation from grant – quiet enjoyment

We are staying with shopping centres for the moment but have moved on from Scotland to Northern Ireland for this case.

Disputes & Litigation, Reliefs & Remedies

Landlord and tenant relationship – defamation – malice – qualified privilege

The landlord and tenant relationship can sometimes be fraught and tempers can fray.

Disputes & Litigation, Tort
Hot Topics

Commercial lease – exercise of break clause – apportionment of rent – implied term


This case must surely have been the most widely reported and commented upon of 2015. It concerned the exercise by a tenant of a break right.

Leases, Options

Business lease renewal – rent – Calderbank offer – costs – conduct of the parties


This case is a timely reminder of the adverse costs consequences of not providing full and timely information on comparable transactions when rent payable under a new lease is in issue.


Leases, Rent Review

Business tenancy – forfeiture – negotiations – without prejudice privilege – waiver of privilege


In this case the Court of Appeal was required to focus on the practical steps where a litigant in person meets with the solicitor to the claimant and discusses the case.

Leases, Forfeiture

Lease of commercial premises – compulsory purchase – entitlement to compensation – effect of surrender by operation of law

This case which turns on its facts raised the question of law as to whether there had been an implied surrender or surrender by operation of law of the lease of the premises.

Sale & Purchase, Compulsory Purchase

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

Dissolution of a company – property vesting bona vacantia – escheat - restoration to the register – effect on freeholds

In our November issue of Commercial Leases: Volume 29 Issue 9 at p2238, we highlighted the Scottish case of ELB Securities v Alan Love and Prestwick Hotels Ltd [2014] ScotSC 67 (26 August 2014) and the effect of a lease which vested in a company which was dissolved, the lease then vested in the Crown bona vacantia, was disclaimed by the Crown’s representative and then, subsequently, the tenant company was restored to the register. There the judge held that the disclaimer operated to terminate the lease and the lease could not later be revived following on the restoration of the tenant company to the register.

Tenancies, Tenant Insolvency

Dissolution of the tenant company – disclaimer of the lease – restoration of the tenant company – effect on the lease – section 1032(1) Companies Act 2006

This case raised a novel point on tenant default, striking off the register and dissolution, usually for failure to file accounts or other documents on time, a disclaimer of a lease by the Crown’s representative and the subsequent restoration of the company to the register.

Tenancies, Tenant Insolvency

Mixed-use scheme – appointment of manager – powers and duties of the manager – registration of the order at Land Registry


In our August 2015 edition of Commercial Leases Vol 29 Issue 6 at p2202 we highlighted the case of Sennadine Properties Ltd v Heelis [2015] UKUT 55 (LC) concerning the appointment of a manager of mixed-use premises pursuant to section 24 Landlord and Tenant Act 1987.

Disputes & Litigation, Judgments & Orders

Commercial premises – disrepair – schedule of condition – diminution in value – damages



This Scottish decision concerned an industrial unit known as Centrelink 5, Calderhead Road, Shotts. Centrelink 5 was the smallest of five units created out of the former Cummins Engine Company factory which extends to about 540,000 sq ft. Originally, the development was a textile mill and Cummins occupied it from about 1956.

Disputes & Litigation, Disrepair & Dilapidations