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yet more administrations on the high street

9 December 2011

Experts are predicting that there could be a record number of retail insolvencies this Christmas given the difficult trading conditions. The latest retailer to succumb is Barratts.

Without doubt, there needs to be some give and take. Landlords may want to offer extra concessions to try and keep their retail tenants in business, especially if the premises are likely to be left vacant as landlords may become liable for ongoing costs and, in particular, business rates (this issue being mentioned in previous opinions).

Effective communication is going to be the key to ensure that the high street gets through this difficult time and the retail tenants needs to be honest with landlords if they want to strike a deal in order to survive.

related opinions

Service charges – the bad news keeps coming for tenants!

A few months ago, we discussed a case where the Court of Appeal ruled that the wording of a lease precluded the tenant from arguing that certain costs should not have been included in the service charge calculation. A recent high-profile case concerns a broadly similar issue, this time in relation to the proportion of the landlord’s costs payable by a tenant.

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A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

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Handing back an empty shell of a building did not fulfil a vacant possession break condition

Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.

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Retail ATMs and business rates: clarity at last!

Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.

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