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After a 3 month consultation the Office of National Statistics (ONS) has chosen not to bring the RPI more in line with the slower rising CPI. However, the ONS will be introducing a new, additional index of inflation – RPIJ.
The RPIJ will use a different formula than that used to calculate RPI and the ONS believe that this will be a much better measure of inflation.
So, away from the world of pension funds etc, what does this mean for tenants? Well, for existing lease arrangements, tenants will be stuck with the contractual RPI and will have to continue paying rents that are calculated using a formula which is not consistent with inflation. However, once the RPIJ starts to be published in March 2013, we’ll certainly be asking our retailer clients tenants whether they’d like to consider a move to the new RPIJ.
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.
Partner and Head of Real Estate
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