Archive for the ‘Tenants’ Category
Tenants’ Break Clauses : Conditionality 0 Comments
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.
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 0 Comments
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.
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.
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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