Archive for the ‘Business Leases’ Category
Tenants’ Indemnity Covenants in Leases 1 Comment
Proposition: A covenant by a tenant under a lease to indemnify the landlord should (if included at all) be limited to third party liabilities incurred by the landlord as a result of the tenants’ failure to comply with specifically identified existing liabilities; it should not provide another remedy for the landlord alternative to the landlord’s […]
Demolition and Rebuilding where the Tenant is subject to an express Obligation to Repair 1 Comment
Proposition: In certain circumstances, an express covenant by the tenant to keep the fabric of a building in repair need not in itself prohibit complete demolition and rebuilding.
Charities and Part 1 of the Landlord & Tenant Act 1927 1 Comment
Proposition: Whilst charities occupying premises are clearly protected by Part II of the Landlord & Tenant Act 1954, there must be a question mark over whether Part I of the 1927 Act applies.
Index Linked Rent Reviews 1 Comment
Proposition: It is not safe to grant leases under which the rent is reviewed at intervals solely by reference to the Retail Prices Index (or the Consumer Prices Index).
The Leasehold Reform Act 1967 and Commercial Buildings 1 Comment
Proposition: Buyers of some commercial buildings should be aware that, although a building may be let for purely commercial use, the tenant may be entitled to acquire the freehold by enfranchisement under the Leasehold Reform Act 1967.
“Endeavours” Clauses in contracts for the assignment of leases 0 Comments
Proposition: An obligation (such as to be found in the Standard Conditions of Sale (Fifth Edition)) on the part of the assignor of a lease to use “reasonable endeavours” (or “efforts”) to obtain the consent of the landlord could well oblige the assignor to apply to the court for a declaration that the landlord is acting […]
Tenants’ Right to Carry Out Improvements 1 Comment
Proposition: An absolute prohibition, in a lease of business premises, against redevelopment or the carrying out of structural alterations will not necessarily prevent the tenant from carrying any of the prohibited acts.
Charities and Authorised Guarantee Agreements (AGAs) 1 Comment
Proposition: Tenants who are charities are unlikely to have power to enter into AGAs on the assignment of their leases, and trustees who do enter into AGAs could, if an assignee fails, incur personal liability.
Security for Tenant’s Covenants in Business Leases 3 Comments
Proposition: It is never completely safe for landlords to grant leases of business premises to limited companies without additional security.
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