Go to Top

Blog Archives

Tag Archives: Commercial Leases

Breach of Subletting Covenants

A recent Court of Appeal case has highlighted the importance for tenants to comply with subletting covenants when granting underleases, even when tenants believe that the covenants don’t make commercial sense. In Warborough Investments Limited v Lunar Office S.A.R.L [2018] EWCA Civ 427, Warborough was the freehold owner of a property in Wokingham.  The property consisted of shops and office blocks and was subject to a head lease owned by …Read More

Unreliability of Non-Reliance Clauses for Landlords

The High Court has recently handed down its decision in First Tower Trustees Limited and Intertrust Trustees Limited v CDS (Superstores International) Limited [2017] EWHC B6 (Ch). This case is a valuable reminder to commercial landlords of the importance of using common sense as a guide when dealing with potential tenants. Facts of case First Tower leased commercial property to CDS. In answer to CDS’ enquiries relating to breaches of environmental …Read More

Landlords: Beware of Unreasonable Demands

Tenants’ circumstances change.  Sometimes this means that a tenant will want permission to assign their lease.  When can a landlord reasonably refuse a tenant’s request? This was the question before the court in No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch). The court held that one of the three conditions for assignment set by West India (the Landlord) was so unreasonable that the …Read More

Reservation of Rights in Commercial Property Leases

In Timothy Taylor Ltd v Mayfair House Corporation, the High Court has explored the tension between a landlord’s right to develop a property and the leasehold tenant’s right to quiet enjoyment of that property. In 2007, Timothy Taylor Ltd was granted a 20-year leasehold interest over the ground and basement floors of a property in Mayfair, London. The tenant used the property as an art gallery. The property’s additional floors …Read More

Lease, Licence or Tenancy at Will?

The three most common ways for an owner to formalise the occupation of a property by a third party are by lease, licence or tenancy at will. It is important that owners choose the most appropriate method for their own and their occupier’s purposes. Lease A lease is a legal contract in which the owner (the landlord) gives the occupier (the tenant) the right to occupy the property exclusively for …Read More

New Commercial Rent Arrears Recovery Regime from April 2014

The remedies available to commercial landlords have been restricted with the implementation of a statutory process for the recovery of rent arrears (CRAR) effective 6th April 2014.  The ancient common law right of distress for rent is to be abolished and replaced by the modified statutory procedure. Distress was a self-help remedy for landlords of commercial premises whereby a certificated bailiff could enter premises, seize the tenant’s goods (subject to certain …Read More