CASE LAW UPDATE

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• Back to the future? – The rent arrears cases on cinemas that couldn’t be used during Covid have reached the Court of Appeal: Bank of New York Mellon (International) Ltd v Cine-UK Limited [2022] EWCA Civ 1021
• Commercial Rent (Coronavirus) Act 2022 – What happens when landlord and tenant arbitrate under CRAC over Covid rent debts? TPIF (Portfolio No 1) GP LLP v Nuffield Health
• What’s in a Name? – When can and can’t a defective notice be rescued: O G Thomas v Amaethyddiaeth CYF v Owen Gwilym Thomas
• Sweeping up costs – What are the limits of “sweeper” clauses when it comes to recovering landlords’ costs from tenants: Dell v 89 Holland Park Management Ltd
• Comings and goings in Telecoms – Three appeals In the Supreme Court tackle whether a telecoms operator who has already installed equipment on a site can acquire new or better Telecommunications Code rights from the site owner: Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates
• Lease renewals under the Landlord and Tenant Act 1954
  • What happens when a County Court Judge decides the new rent under section 34: Old Street Retail Trustee (Jersey) Ltd v GB Healthcare Limited
  • How do the Courts approach requests to include “green” clauses in a new 1954 Act lease? Clipper Logistics plc v Scottish Equitable plc
• Rights and wrongs of Receivership – The High Court reviews the scope of a receiver’s powers and indemnity: Alma Property Management v Crompton

This list may be subject to amendment, addition or substitutions as more decisions of the courts become available

Lesley Webber, Consultant, Fieldfisher