Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
The Court of Appeal has upheld a decision from last summer that a licence for alterations entered into without joining in a guarantor or obtaining its consent operated to release that guarantor.
This is based on the common law rule that a variation to a principal contract (without the guarantor’s consent) releases the guarantor unless it is self-evident that the variation was insubstantial or non-prejudicial to the guarantor.
The alterations covenant in this case was absolute (so no alterations were contemplated at the time the lease was granted). By giving consent to the tenant’s alterations, the landlord had potentially increased the burden on the guarantor (in particular, the alterations significantly increased the tenant’s repairing obligations). The guarantor had not consented to this and was therefore released from liability.
Whilst there is no new law here, the case is a useful reminder for landlords to ensure that they make guarantors a party to all licences, variations and supplemental lease documents.
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.
View blog
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
Some commentators had anticipated that persisting retail sector challenges might disrupt more than the make-up of the high street or commercial property negotiations between landlords and tenants.
Mandatory registration under the Drone Safe Drone and Model Aircraft Registration and Education Service starts at 00.00 on 30 November 2019.
Select which mailings you would like to receive from us.
Sign up