Thorogood Reports Series Read Description

Technical Aspects of Business Leases

Overcoming the Practical Difficulties

Spiral bound
June 2005
More details
  • Publisher
  • Published
    1st June 2005
  • ISBN 9781854181947
  • Language English
  • Pages 83 pp.
  • Size 8.25" x 11.75"

A business lease is a working document. It sets the rent, enables rent reviews, allocates responsibility for repair and maintenance and specifies the use to which the premise may be put, all within a complex legal framework, and as the essential document of estate management, it must be easily understood by non lawyers. However, it is inevitable that issues which require a technical understanding of the law relating to landlords and tenants will arise. The purpose of this Report is to highlight areas where technical issues might lead to practical difficulties, and to give clear guidance to help those involved in property management avoid the pitfalls.

Written in a clear, concise and easy-to-understand format, Malcolm Dowden presents an invaluable set of explanations and answers for all those having to deal with a business lease.

IS THERE A TENANCY?: The lease-licence distinction; The risk of informal arrangements; Tenancies at will--holding over after the expiry of a contracted-out tenancy; Terminating the implied tenancy at will--what happens next?; Short-term tenancies excluded from protection; Can a mere licensee grant a lease?; EXCLUDING SECURITY OF TENURE: Landlord and Tenant Act 1954--section 38(4); Alterations to the draft lease; The purpose of section 38(4); Using the 'wrong' Court; Ripe for reform?; BREAK CLAUSES: Break notices and the Mannai test; Conditional beak clauses; Break clauses and the survival of underleases; LANDLORD AND TENANT ACT 1954--END OF TENANCY: When does a tenancy end?; Sight & Sound Education Ltd v Books etc Ltd [1999] 43 EG 161; Conclusions drawn from recent cases; LANDLORD AND TENANT (COVENANTS) ACT 1995: Can a surety be required to give an Authorised Guarantee Agreement (AGA)?; Can a landlord require an AGA as of right or must the requirement be reasonable?; Section 17 notices; Section 3(5) and the enforcement of covenants; LANDLORD'S CONSENT: The landlord's entitlement to information; Withholding consent because of an anticipated breach of covenant; Dealing with an unauthorised assignment or underletting; Inadvertent grant of consent; DEROGATION FROM GRANT: Chartered Trust v Davies [1998] 2 EGLR 83; Petra Investments Ltd v Jeffrey Rogers plc [2000] EGCS 66; QUIET ENJOYMENT: Cases in the House of Lords; Housing of the Working Classes Act 1885; LEASE VARIATIONS--LETTING GUARANTORS OFF THE HOOK: Avoiding the trap; Contractual terms; Primary or secondary liability?; Conclusion.

Malcolm Dowden

Malcolm Dowden is a Solicitor, combining practical legal work as Consultant to City of London law firm Charles Russell LLP with his role as Director of Law Programmes with the rapidly growing international legal training business Law2020. His work for Charles Russell LLP has also included regulatory and legislative drafting for a Commonwealth government. Through Law2020 Malcolm is accredited by the Solicitors Regulation Authority to provide professional training. He has also delivered master class sessions for Asian Legal Business, accredited by the Singapore Institute of Legal Education.