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Archive for the ‘Business Leases’ Category

 

Tenants’ Indemnity Covenants in Leases 1 Comment

Tenants’ Indemnity Covenants in Leases
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant

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 […]

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Demolition and Rebuilding where the Tenant is subject to an express Obligation to Repair 1 Comment

Demolition and Rebuilding where the Tenant is subject to an express Obligation to Repair
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

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.

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Charities and Part 1 of the Landlord & Tenant Act 1927 1 Comment

Charities and Part 1 of the Landlord & Tenant Act 1927
  • Posted: 8 years ago
  • Category: Business Leases, Charities, Landlord and Tenant, Tenants

              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.

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Index Linked Rent Reviews 1 Comment

Index Linked Rent Reviews
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant

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).

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The Leasehold Reform Act 1967 and Commercial Buildings 1 Comment

The Leasehold Reform Act 1967 and Commercial Buildings
  • Posted: 8 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

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. 

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“Endeavours” Clauses in contracts for the assignment of leases 0 Comments

“Endeavours” Clauses in contracts for the assignment of leases
  • Posted: 8 years ago
  • Category: Business Leases, Contract, Landlord and Tenant

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 […]

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Tenants’ Right to Carry Out Improvements 1 Comment

Tenants’ Right to Carry Out Improvements
  • Posted: 9 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

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.

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Charities and Authorised Guarantee Agreements (AGAs) 1 Comment

Charities and Authorised Guarantee Agreements (AGAs)
  • Posted: 9 years ago
  • Category: Business Leases, Charities, Contract, Tenants

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.

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Security for Tenant’s Covenants in Business Leases 3 Comments

Security for Tenant’s Covenants in Business Leases
  • Posted: 9 years ago
  • Category: Business Leases, Landlord and Tenant, Tenants

Proposition: It is never completely safe for landlords to grant leases of business premises to limited companies without additional security.

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These blogs are intended to cover matters of interest in connection with property law in England and Wales. I hope they will be of interest to all concerned in the property industry; they are not intended solely for lawyers, and I will try and strike a balance in posts in order to achieve both readability and accuracy. This may lead to what a lawyer might see as a degree of over-simplification; lawyer (and indeed non-lawyer) subscribers are very welcome to tell me what I have got wrong or to express contrary views or ask for authority for any propositions I put forward – all comments will be welcome.

I will, wherever possible, include links to statutes and cited cases. So far as case law is concerned, I am indebted to the British and Irish Legal Information Institute (BAILII) for allowing me to link to the vast amount of case law which they have accumulated on their site. The site is an enormously helpful research tool; BAILII is a charity which is dependent on donations from law firms and others to expand its already extensive database.

I may also from time to time use this facility to express non-legal opinions on topical issues, and these are listed under “Non-Legal Opinions”.

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Any views which may be expressed in this blog are my own; the intention is not to give legal, or any other, advice but to open up a subject for discussion. There is no intention on my part to create any duty of care or lawyer/client relationship – anyone who does rely upon any view I may express does so at their own risk, and I cannot and do not accept any liability whatsoever for any loss arising from anyone’s reliance on anything contained in any posting, or any other information contained in this website or in any linked websites.
 
Please bear in mind also that the law changes; I do not make a practice of constantly revising and updating all past posts so you should have regard to the date of the posting and to any subsequent developments in the law (though if there was any really dramatic change I might, but do not undertake to, make it the subject of a separate post).

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