The commercial property team have been running a series of roadshows recently for surveyors and agents to update them on key changes to Landlord and Tenant law in the courts.  Of particular note are the following decisions:

1. Supreme Court decision in Ickendel Limited v. Bewley’s Café Grafton Street Limited in which the court reversed the High Court’s decision and found that upward only rent reviews in pre-2009 leases remain valid.
2. Guarantor’s consent for changes in lease terms including consent to works should be sought in order to ensure guarantees remain valid. In the decision of Topland Portfolio No. 1 v. Smiths News Trading, it was found that agreeing changes to a lease without getting guarantor consent invalidated the guarantee.
3. Recent UK decisions indicate that tenants who overhold while negotiating new lease terms will not enter an implied long term lease but will instead have a tenancy at will which can be terminated by serving notice equivalent to the rent payment period. Using a Deed of Renunciation can help clarify issues very quickly if you have concerns in this area.

For more information on these cases and on general changes in law which affect the retail sector, please click here.

Disclaimer

This publication is for guidance purposes only. It does not constitute legal or professional advice. No liability is accepted by Ogier Leman for any action taken or not taken in reliance on the information set out in this publication. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. Any and all information is subject to change.