Business Premises: Possession and Lease Renewal

5. Auflage 2014
ISBN: 978-0-414-03435-8
Verlag: Sweet & Maxwell

Buch, Englisch

Reihe: Practitioner Series

Business Premises: Possession and Lease Renewal gives clear explanation and detailed commentary on how a landlord or licensor can obtain possession of business premises, and how a tenant can oppose such action or renew the lease. Written from the litigator’s point of view, this guide covers a range of areas including termination, non-payment of rent, licenses, forfeiture, proceedings for possession and applications for new tenancies.

Business Premises provides a clear explanation and detailed commentary on how a landlord or licensor can obtain possession of business premises and how a tenant can oppose such action or renew the lease. You’ll be taken through the process, with guidelines on correct procedures to adopt, evidence required, and orders the court may make.

The 5th edition is fully updated to cover the significant case law developments since the last edition and how they impact process and procedure. You’ll find included specimens of essential forms, letters, draft pleadings, notices and affidavits and directly refers to them throughout.

New to the 5th Edition

- A new chapter on Electronic Communications Code
- A new introductory section on meaning of “repair”
- Expanded commentary on unlawful eviction following Grange v Quinn
- Considers the role of Tomlin orders following Lloyds TSB v Crowborough Properties Ltd
- A case study on mediation in lease renewal claims
- Includes a new chapter on the Telecommunications Code written by Thekla Fellas at Head of Real Estate Litigation at Fladgate LLP
- Clarification of the nature of the tenancy at will or periodic tenancy that arises at the end of the fixed term following Maccattram v London Borough of Camden and Erimus Housing Ltd v. Barlcays Wealth. Where no tenancy continues, such as where negotiations for a new lease is unsuccessful (as considered in QFS Scaffolding) what constitutes vacant possession in light of NYK Logistics
- Impact of Insolvency: rent as an expense of the administration after Re Game Station, permission to forfeit after Lazari v Jervis and applications for new leases when landlord is in administration (Somerfield Stores v Spring)
- The appropriateness of indemnity costs orders, tenants’ offers to settle and whether relief from forfeiture will be granted in immoral user cases after CB Patel v. PC Patel
- Guidance on interim rent after Humber Oil
- Revisting the principles in O’May after Edwards & Walkden v. The Mayor of Commonalty & Citizens of the City of London
- Third Party claims/AGAs and whether a guarantor’s liability can continue after the assignment of a new lease (Good Harvest and K/S Victoria Street)
- The correct triggering of break clauses after Friends Life v Siemens and Avocet
- Amendments to the CPR Part 55 procedure and guidance on summary judgment applications in lease renewal claims
- Expanded commentary on mediation

Autoren/Hrsg.

Webber, Gary

Dovar, Daniel

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

The business tenancy code; Does Part II of the 1954 Act apply?; Contracting out of the 1954 Act; Possession without a lease; Assignment of the landlord's interest; licences of business premises; Forfeiture: general rules; Non-payment of rent; Forfeiture: other covenants; Assignment, subletting and parting with possession; Forfeiture: repairs; Relief from forfeiture; Claims against third parties; Landlord's notices to terminate; Tenant's notices to terminate or renew; Obtaining information; Expiry of fixed term; Surrender and merger; Disclaimer; Dissolved and struck-off companies and death; Landlord's application to terminate continuation tenancy; Possession claims and peaceable re-entry; Applications for renewal: landlord or tenant; Interim rent; Landlord's grounds; New tenancy ordered; Refusal to order a new tenancy; Appendices