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6 July 2021 Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

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4 May 2021 Summary judgment stayed where part 26A restructuring plan pending

Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.

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16 April 2021 The High Court offers no comfort for beleaguered retailers

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.

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9 September 2019 H&M - fighting the two tier retail market and daring to push for better clarity on turnover rents

H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.

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6 December 2018 Supreme Court stops landlord from circumventing business tenant’s right of renewal with scheme of works designed solely to enable eviction

We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.

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1 March 2017 Liability for business rates whilst property being refurbished

With the current publicity over the rating revaluation coming in next month alongside proposed changes to the appeals process, today’s Supreme Court decision will come as a relief to embattled ratepayers.

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2 December 2015 Repayment of sums paid in advance following exercise of break clause

The Supreme Court has today unanimously upheld the Court of Appeal decision that where a tenant exercises a right to break a lease, no term should generally be implied that the landlord must reimburse…

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11 June 2015 Spiralling service charges

The Supreme Court has rejected an appeal by 25 chalet tenants against the strict interpretation of the service charge provisions in their 99 year leases.

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