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Gremlins in the closet

15 February 2013 / Malcolm Dowden , Ruby Dalal
Issue: 7548 / Categories: Features , Landlord&tenant , Property
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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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CBI South-East Council—Mike Wilson

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Commercial dispute resolution team welcomes partner in Cambridge

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NEWS
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In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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