Given the difficult economic circumstances, incentives for tenants are being offered and there has been a resurgence in interest in turnover leases, we take a look at some key issues…
Turnover Leases
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Landlord and tenant (general)
This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
Overlapping demise
Roof and roof space already demised Subsequent lease takes effect in reversion HCP (Hendon) v HM Land Registry [2020] EWHC 1278 (Admin) Summary Where a lease demised premises that had already been demised to others, the Land Registry had correctly registered the...
Double Value claim
Landlord and Tenant Act 1730 Tenant remaining in possession when note entitled to do so TFS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partner Limited [2019] EWHC 1363 (Ch) Summary The claim for double value will only succeed where the...
Surrender by agreement (conditional)
Agreement to surrender Conditional on payment of monies due and giving up of possession Principles of interpretation of lease terms Dreams Ltd v Pavilion Property Trustees Ltd [2020] EWHC 1169 (Ch) Summary A conditional agreement to surrender was conditional on the...
Frustration of lease
Supervening illegality and common purpose Brexit Canary Wharf (BP4) T1 Limited v European Medicines Agency [2019] EWHC 335 (Ch) Summary The High Court confirmed that Brexit will not frustrate the European Medicine Agency-s lease of its London headquarters. Facts The...
Mutual enforceability of covenants
Mutual enforcement clause Implied term that landlord will enforce the clause Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 Summary The existence of a mutual enforcement clause in a lease necessarily implied a term that the landlord could not take steps to put it...
Material compliance and breaches
What happens if the tenant is in breach? Is there a minor breach? Has the tenant materially complied with the terms of the lease? Is the tenant required to pay the full-quarter's rent if the break is due to take place in the middle of the quarter? Do any of these...
Repayment of rent
Break clause operation Reimbursement of rent payable in advance on exercise of break right - no implied term Marks and Spencer plc v BNP Paribas [2015] UKSC 72 Summary A term would not be implied in a lease permitting the tenant to recover rent paid for the period...
Vacant possession
Security guards John Laing Construction Ltd v Amber Pass Ltd [2004] 17 EG 128 (Deputy High Court Judge). T operated a break clause in the lease and went out of occupation. However, T retained security guards and protective barriers at the premises for security...
Notices
This page deals with various matters relating to the effectiveness of break clause notices. Acknowledgement of notice required Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 Where a lease provided that a break notice would only be valid where the...
