header-logo header-logo

15 February 2013 / Malcolm Dowden , Ruby Dalal
Issue: 7548 / Categories: Features , Landlord&tenant , Property
printer mail-detail

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll