Some years ago, I published a blog post on my website on the subject of index linked rent reviews in leases of commercial property.
Proposition: (1) The right of a tenant to break a lease of business premises before the end of the contractual term should not be subject to any precondition other than that the tenant is up to date with the principal rent, gives up occupation and leaves behind no continuing subleases.
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.
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.
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.
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.
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.
Proposition: It is never completely safe for landlords to grant leases of business premises to limited companies without additional security.
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