We have extensive experience of acting for retailers and understand the cost pressures faced in an increasingly competitive marketplace. We can provide innovative solutions on the full spectrum of real estate law and commercial property related issues, from the initial planning stage through to completion, and you will benefit from involving us right at the outset. Our goal is to provide commercial advice which mitigates your risk and ensures that your projects are delivered on time.
- Large dedicated team – over 50 lawyers , advising on all real estate issues including planning, construction, tax, property litigation and environmental matters.
- Experience – lawyers with substantial retail experience, either working in house with retailers or participating in secondment programmes, with first-hand commercial retail experience.
- Expertise – extensive roll-outs of stores in high streets and out of town locations, helping clients to secure the best possible terms for leases of premises and advising on the structure of deals.
- Clients – experience in dealing with all major shopping centres and landlords in England – including White City, Westfield’s Olympic Village, the BullRing, Bicester Village and the Trafford Centre.
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Don't look down
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Rent arrears post-Covid: What are the landlord’s options?
Since the beginning of the pandemic, landlords and tenants have experienced significant limitations in the way rent arrears could be pursued. We first saw the moratorium on the recovery of Covid related arrears, and more recently we’ve experienced the implementation of the Covid arrears arbitration scheme.
RAAC planks and its impact on local authorities
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W (No.3) GP (Nominee A ) Ltd and another v J D Sports Fashion Plc (Nottingham County Court, 22 October 2021)
The County Court refuses the landlord’s request to include a turnover rent in a statutory lease renewal.
Covid-19 rent arrears – the questions that remain
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Macey v Pizza Express (Restaurants) Ltd  EWHC 2847 (Ch)
A landlord did not demonstrate the requisite intention required to oppose a statutory lease renewal underground (g).
Stonecrest Marble Ltd v Shepherds Bush Housing Association Ltd  EWHC 2621 (Ch)
Where a lease provides a comprehensive scheme of repair and insurance, the court will not imply terms to cover any gaps in that scheme.
Wolverhampton based Slick Stitch secures major contract with high street retail giant
Capitol Park Leeds Plc and another v Global Radio Services Ltd  EWCA Civ 995
A tenant who handed back an empty shell of a building had complied with a condition of its break option to give vacant possession of the property.
Presenting a winding up petition to recover pandemic rent arrears
The government has now published new regulations to replace the winding up restrictions mentioned above from 1 October 2021. The key point of interest from a landlord and tenant perspective is that these new regulations will prevent a landlord from presenting a winding up petition to recover rent until 31 March 2022 where the sums are unpaid by the tenant because of the financial effect of the pandemic.
The government’s plans for dealing with Covid-19 rent arrears – some more details emerge
Last week, the government published a policy statement to deal with rent arrears accrued during the pandemic for those businesses affected by the pandemic.
Correcting a mistake in an retail prices index rent review clause
A court will not alter an unambiguous contractual term merely because it is unduly favourable to one party, imprudent or unreasonable or because it provides for one party to pay too high a price for something. However, a court can correct the literal meaning of a contractual provision by construction if it is clear both that a mistake has been made and what the provision was intended to say.
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.
Restrictions on landlords’ remedies extended again and extra protection to be given to certain businesses
The delay in the full easing of lockdown restrictions and the knock on effect for certain tenants (particularly those in the hospitality and entertainment industry) has clearly caused a change of heart and the government has now announced a further extension of the restrictions.
Commercial landlord and tenant: Ban on evictions extended
Stephen Barclay the Chief Secretary to the Treasury has today announced that the ban on commercial evictions is to be extended to 25 March 2022.
Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out
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.
Summary judgment stayed where part 26A restructuring plan pending
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
Landlords’ claims for summary judgment for ‘Covid’ rent arrears succeed (again)
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.
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.
Commercial rents and Covid-19: Call for evidence
The government announced that it would be launching a call for evidence to help monitor the overall progress of negotiations between landlords and tenants for paying or writing off outstanding rents. This call for evidence has now been published.
Tenant protections extended again
The government was extending to 31 March 2021 the various tenant protections it has brought in since the pandemic began. However, that announcement of course pre-dated the current lockdown and it will come as a surprise to no-one that, despite this, the protections have been extended again until 30 June 2021.
Break notices for commercial tenants – beware of the common pitfalls
Due to numerous recent issues affecting the property market more and more break notices are being served by commercial tenants. At the same time, more and more tenants are seeking break rights in their new leases in order to provide them with flexibility when it comes to their real estate.
Service charges – the bad news keeps coming for tenants!
A few months ago, we discussed a case where the Court of Appeal ruled that the wording of a lease precluded the tenant from arguing that certain costs should not have been included in the service charge calculation. A recent high-profile case concerns a broadly similar issue, this time in relation to the proportion of the landlord’s costs payable by a tenant.
Sara & Hossein Asset Holding Ltd v Blacks Outdoor Retail Ltd  EWCA Civ 1521
A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease.
Tenant protections extended (yet) again
The government was extending to 31 December 2020 the various tenant protections it has brought in since the pandemic began. Perhaps not surprisingly, those protections have now been extended again until 31 March 2021.