TRICKY AREAS IN COMMERCIAL LEASES

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TRICKY AREAS IN COMMERCIAL LEASES 

The talk will aim to look at commonplace but tricky areas in relation to commercial leases, and will look at problems and their solutions. Topics covered will include:

• Alienation covenants and Licences to Assign – inadvertently granting a licence
• Reasonableness of refusal of consent to assignment, especially in the light of the Supreme Court decision in Sequent v Rotrust (2019)
• Stamp Duty Land Tax and Rent – pitfalls in relation to assignment and the duration
• SDLT on holding over – some of the pitfalls
• SDLT and break clauses – whether an option might be more desirable
• Meaning of repairing covenants as opposed to renewals and improvements, especially in the light of the Blue Manchester v North West Ground Rents (2019)
• Repairing covenants and limitations on damages under S 18 Landlord and Tenant Act 1927

Richard Snape, Consultant, Davitt Jones Bould