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15 February 2013 / Malcolm Dowden , Ruby Dalal
Issue: 7548 / Categories: Features , Landlord&tenant , Property
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Gremlins in the closet

Tenants should beware of outstanding rent reviews & any potential liability, as Ruby Dalal & Malcolm Dowden explain

Recent retail casualties, including Comet and Jessops, mean that a significant number of high street and trading park leases are likely to become available for assignment or underletting. Prospective new tenants should check carefully to ensure that attractive bargains are not overtaken by delayed rent reviews.

In Idealview Ltd v Bello [2009] EWHC 2808 (QB) a landlord was not time-barred by statute despite being almost 13 years late in implementing a rent review, and there was nothing in the rent review clause itself to make time of the essence.

Oblivious tenant comes unstuck

Mr Bello took an assignment of the lease in October 2005. The fact that the auction sale conditions excluded the seller’s liability for any rent arrears above the original rent amount did not set off any alarm bells for the tenant. In fact, the landlord had not exercised the rent review due on 25 March 1994.

In 2006,

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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