The final decision in this ongoing saga, being that without an apportionment
clause in a commercial lease there is no ability to recover a period's rent paid in order to ensure compliance with the conditionality attached to a break clause.
The recent Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2015] UKSC 72, [2015] All ER (D) 24 (Dec) dealt with that perennial source of contentious work for the landlord and tenant specialist, a tenant's break
clause in a commercial lease.
pursing a negligence claim against a firm of solicitors for loss of profit for failing to exercise a break
clause in a commercial lease
Dispute as to whether previous award of damages for breach of a «keep open»
clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded from.
Not exact matches
The problem for prospective purchasers of
leases is that most banks and
commercial lenders insist on further investigation where a
lease clause links increases
in ground rent to RPI, and some of the smaller banks will refuse to lend against such a
lease at all.
If you require legal representation
in respect to
commercial lease issues such as exclusivity
clauses, please contact us for an initial consultation.
Recent highlights include handling a right of access dispute between two farmers; representing trustees of the Westoby Pension Fund
in a construction dispute, which involves a dilapidations claim and structural engineering issues; and acting for a food company, as the
commercial landlord,
in a dispute regarding a
lease break
clause.
Recent highlights include advising an airport on its strategy for managing land compensation claims; representing a pharmaceutical company
in a dispute over the exercise of a
commercial lease break
clause relating to an office premises; and assisting a plc client with its strategy for dealing with compensation claims from residential property owners.
Failing to ensure that all the
clauses in a
commercial offer to
lease are carried over to and appear
in the final form of
commercial lease.
It is not expected to impact on provisions
in normal
commercial property documentation, such as exclusivity
clauses in retail
leases.
Those economic data should bode well for
commercial real estate, which is often viewed as a hedge against inflation due to the fact that
leases include escalation
clauses that often mimic changes
in the Consumer Price Index.
Knowledge of escalation
clauses and other items of additional rents found
in commercial leases