IBB Solicitors rated a Regional Heavyweight

1
IBB Solicitors rated a Regional
Heavyweight Source Legal 500 2007
The directory of leading UK law firms

2
Commercial Landlord and Tenant Update

• Jon Mowbray
• Andrew Olins
• Real Estate Dispute Resolution

3
Commercial Landlord and Tenant Update

• Jon Mowbray
• Real Estate Dispute Resolution

4
Landlord and Tenant Act 1954

• The basics
• A business tenancy will continue unless and
  until determined under the Act
• Tenant has right to new lease subject to a
  landlord being able to establish a statutory
  ground of opposition
• If tenant denied new lease, maybe entitled to
  compensation

5
Essential requirements for protection under the
1954 Act

• A tenancy
• Crow and Crow v Waters
• Premises occupied by tenant
• Occupied for purposes of a business
• Broadway Investments Hackney Ltd v Grant
• Tan and another v Sitkowski
• Business carried on by tenant

6
Terms of new tenancy

• The property (section 32)
• Duration (section 33)
• Terms other than as to property, duration and
  rent (section 35)
• Rent (section 34)
• Trans-World Investments Ltd v Anita Dadarwalla

7
Rent review

• Presumption of reality
• Coors Holdings Ltd v Dow Properties Ltd
• St Martins Property Invest. Ltd v CW UK PLC
• Time is of the essence
• Secretary of State v Standard Securities
• Appeal against Arbitrators award
• JD Wetherspoon v Jay Mar Estates

8
Rent arrears

• Is there an obligation on a landlord to mitigate
  his loss?
• Reichman and another v Beveridge and another

9
Distress

• Tribunal Courts and Enforcement Act 2007
• Commercial Rent Arrears Recovery (CRAR)
• CRAR only available for commercial premises
• Only for pure rent
• Landlord has to serve notice and satisfy criteria
• Tenant will be able to challenge in court
• Unable to override CRAR system

10
Commercial Landlord and Tenant Update

• Andrew Olins
• Real Estate Dispute Resolution

11
Forfeiture company voluntary arrangements

• a part of the price of the rescue culture
• Thomas v Ken Thomas Ltd 2007

12
Guarantees for the payment of rent

• a true, unintended, anomaly of the legislation
  as it stands
• Scottish Newcastle plc v Raguz 2007

13
Landlords obligations to return surplus service
charges

• but there was no reserve fund
• Browns Operating System Services Ltd v
  Southwark Roman Catholic Diocesan Corporation
  2007

14
Dilapidations no need to go the whole hog

• patch and mend repairs will do
• Carmel Southend Ltd v Strachan Henshaw Ltd
  2007

15
Questions?