BUSINESS BOOKS AND REPORTS
Technical Aspects of Business Leases
Overcoming the Practical Difficulties
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  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  2 EGLR 83; Petra Investments Ltd v Jeffrey Rogers plc  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.