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The first case relating to competition clauses in leases to be considered is Martin Retail Group Limited –v- Crawley Borough Council, but this is only a County Court decision.
This was a lease renewal of premises in a shopping arcade. The landlord agreed to extend the user but only if it excluded a series of goods including other uses within Class A1 resulting in a letting scheme. The clause being in breach of the Competition Act, could it be saved by an exemption? The Council argued that the letting scheme would be beneficial to all its tenants in the parade; the Court did not accept this. No evidence was offered to substantiate the tenant mix policy. The judge accepted if the scheme was set up amongst all the tenants he might have come to a different decision.
Landlords and tenants need to be aware of the dangers of restrictive covenant provisions becoming void, particularly if it is not possible to sever the clause in question.
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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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.
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