Commercial Landlord And Tenant Case Law Update

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• Landlord and Tenant Act 1954: Second chance – If a landlord misses the deadline for opposing a new tenancy, can it insist on a redevelopment break clause instead? B & M Retail v HSBC Bank Pension Trust (UK) Ltd, Central London CC, 3 March 2023
• Authorised Guarantee Agreements: Privity of contract – Does a restructure of the tenant relieve its guarantor of liability under an AGA? Oceanfill Ltd v Nuffield Health Well-being Ltd 2002 EWHC 2178
• Commission agreements and implied terms: Mind the gap – Did a commission agreement that specified a figure for an introduced sale allow for commission if the price fell short of that figure? Barton v Morris [2023] UKSC 3
• Rent review and implied terms: Where a lease provides for the rent on review to be calculated by reference to the rent payable under an underlease of the property, what happens if the underlease is surrendered? Rail for London v Hackney [2022] EWHC 2929
• Party structures – Party Wall etc Act – What can an adjoining owner do if their neighbours fail to serve the required notice under the Act for their building works? Power v Shah [2023] EWCA Civ 239
• Heads of terms and subject to contract : Inadvertent consequences – What makes heads of terms for a lease binding in their own right? Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2003] EWCA Civ 482
• Mixed use property – development: Where a landlord grants a lease of a commercial unit with a long lease of the residential flat above, and reserves the landlord’s right to develop provided this does not diminish the value of the flat, what rights does the flat owner have? Dunward Properties Ltd v Isaacs [2022] EWHC 3276
• Nuisance, Japanese Knotweed, and compensation : Can diminution in value from the blight or stigma of Japanese Knotweed form part of a nuisance claim against another owner? Davies v Bridgend County Borough Council 2023 EWCA Civ 80
• Proceeds of Crime Act 2002: Why commercial landlords should be worried about planning breaches on the part of their tenants: – Re: T & M Property Investment Limited, Manchester Crown Court, 5 May 2023

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

Lesley Webber, Consultant, Fieldfisher