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In order for a surrender to take place by operation of law (as opposed to by deed), a tenant’s behaviour must be unequivocally inconsistent with the lease continuing. This point was repeated recently in QFS Scaffolding Limited v Sable and another [2010] EWCA Civ 682, where the Court of Appeal ruled that there had been no … Read more

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A tenant has a statutory right to renew a business tenancy at the end of the term. However, the landlord can oppose renewal if it intends to redevelop the premises, one of the grounds for opposition permitted under the Landlord and Tenant Act 1954. The High Court has provided clear guidance on the timing of … Read more

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When faced with a tenant’s request for consent to assign a lease which benefits from a guarantee (by a parent company or otherwise), landlords should be aware that the guarantor cannot be required to provide a direct guarantee for the performance of the new tenant’s obligations under the lease.  In Good Harvest Partnership LLP v Centaur … Read more

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