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A survey from PricewaterhouseCoopers has revealed that there were more retail openings than closures in the West Midlands in 2011. This growth is from charity shops, pawnbrokers and supermarkets.
Recently, we highlighted that some landlords are paying charities to take on empty units to avoid rates.
Whilst news that the West Midlands seems to be holding its own is heartening in this difficult climate, the survey makes it clear that retailers are having to rethink their strategies and that some retailers are faring better than others.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
Legal Director
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