Under some circumstances recapture provisions can offer substantial benefits to both landlord and tenant. The tenant is relieved of its future performance obligations, and the landlord can put the premises to better use, in a direct relationship with a new tenant, perhaps gaining rent at a newly higher market rate or a lease for a … Continue Reading
Almost inevitably, a landlord will be faced with a request from a tenant for permission to assign the tenant’s lease or sublet the premises, likely due to a change to the tenant’s business that forces the tenant to reduce costs. A key to balancing the landlord’s interests to control the use of its property and … Continue Reading
This post was also written by Jon Pike and Richard Perkins. Last spring we posted on the difficulties facing landlords and tenants as a result of the High Court decision in Good Harvest. Yesterday we had some good news as the Court of Appeal has reconsidered the point and introduced some commercial common sense into the law.… Continue Reading
This post was also written by Philip Olmer. There have been numerous press reports about the Coalition Government’s intention to axe many of the quangos created by former Labour administrations as part of the Government’s effort to reduce the country’s deficit. Recent articles have speculated that up to 200 of these quangos will be axed … Continue Reading
This post was also written by Alex Heaton. A recent High Court decision on the liability of a guarantor is already causing investors concern. See our earlier posting . Here we consider the immediate implications for tenants and their guarantors, and, perhaps surprisingly, it is not all good news.… Continue Reading
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.… Continue Reading