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Supreme Court confirms that a term requiring the landlord to repay rent for a period after a break date will not be implied into a lease.

By jbc_admin

The Supreme Court in M&S v BNP Paribas has firmly shut the door on tenants which have successfully operated break clauses and wish to claim back rent they have paid in respect of a period after the break date. The Supreme Court has confirmed the Court of Appeal’s decision and given certainty that, without express…

Rental Growth Is Back

By jbc_admin

Leading North West property consultancy, Roger Hannah & Co, has produced research on the level of rental growth being experienced for their management portfolio. In Quarter 2 of 2015, the level of rental growth from completed lease renewals and rent reviews hit an impressive 13.55%. Commenting on the growth figures, Mark Keirl, Director of Roger…

Landlord and Tenant 2nd Quarter Results 2015-16:

By jbc_admin

Roger Hannah & Co’s Landlord and Tenant Department goes from strength to strength with impressive 2nd Quarter results. During the period March – June 2015 the specialist Department completed in excess of 20 lease renewals and rent reviews on behalf of retained clients, achieving an impressive overall increase in rental of 13.55% which was considerably…

Landlords Opposition to Grant of a New Business Tenancy

By jbc_admin

In the recent case of Hough v Greathall (2015) the Court of Appeal has confirmed a Landlord who opposes the grant of a new business tenancy on the grounds of redevelopment must establish its intention at the hearing date, and not at the date of service of notice. This decision thereby confirming the principles set…

Landlord and Tenant – No implied insurance recovery in Service charge clause

By jbc_admin

In a recent case where, by mistake, a lease contained no express clause for the landlord to recover the insurance premium from the tenant, it was held that there was no basis of implied recovery. In Sadd v Brown (2013), the lease required the landlord to carry out works and spend money on the building,…

Landlord and Tenant – Service Charge Clauses – no special Rules of Interpretation

By jbc_admin

The High Court in a recent decision has raised doubts about the existence of hitherto generally accepted rules of interpretation of service charge clauses, namely, that landlords should not make a profit and that such clauses should be construed restrictively. In Arnold -v- Britton (2012), a number of chalets situated in a Swansea leisure park…

Landlord and tenant case update: break options

By jbc_admin

Break Options Landlord and tenants often include break clauses in a lease which allow either or both parties to terminate the lease midway through the lease. Usually the break clause is for the benefit of the tenant who is nervous about committing to rent liabilities for a long period in one location. One issue which…

Tenant’s Rights to Buy Survive Transfer of Title

By jbc_admin

Tenant’s Rights to Buy Survive Transfer of Title A corporate landlord who tried to prevent its tenant from exercising option to purchase the property after the title to the property had been transferred to a subsidiary company (for reasons unconnected with the right to buy) found the court unsympathetic recently. The court ruled that the…

Landlord and Tenant: Reversionary Leases

By jbc_admin

In these uncertain economic times many Landlords are Jumping at the opportunity offered by tenants who agree to extend their leases. Often this may take the form of a reversionary lease, a lease which is to come into effect on the expiry of the current lease at some point in the future, perhaps some years…

Landlord and Tenant: Points to Ponder in Commercial Leases

By jbc_admin

Most standard commercial leases have an interest rate for situations where the tenant is in some sort of default. The rate will very often be 4% which is in practice very often too low to act as an incentive for tenants to pay their rent and other sums on time. You may wish to consider…