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04 September 2015
Issue: 7666 / Categories: Features , Civil way
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Civil way: 4 September 2015

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​Kindness to lessees; Macclesfield faces chop; CPR and FPR: latest changes; & peril of service charge challenge

WHAT A RELIEF!

Seven commercial retail units were held under a head lease. One of those units had been sub-let to a controversially run Chinese restaurant which caused nuisance and annoyance to other lessees. Nevertheless, the head lessee granted a future sub-lease to the restaurant and that was in breach of an alienation covenant which bound it. The head lessee demonstrated a cynical disregard of its obligations.

So it was in Friefeld and another v West Kensington Court Ltd [2015] EWCA Civ 806, [2015] All ER (D) 37 (Aug). The head lessor forfeited and the head lessee applied for relief. This was refused by the circuit judge despite the fact that forfeiture represented a windfall for the head lessor of £1 to £2m. The judge found that a last minute attempt to obtain relief on the basis that the head lease was assigned was too late. In the event and post-judgment, the head lessee procured the surrender of

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