Commercial Property Updates from July and August 2023

This 30-minute update cements your learning of new developments in the past month, and perhaps picks up on some that busy practitioners may have missed.

The learning objectives for this session, surveying developments in July and August 2023, are:-

• Pretoria Energy Company v Blankney Estates [2023] EWCA Civ 482 – guidance on how the procedure for contracting out of the Landlord and Tenant Act 1954 operates in relation to agreements for lease, with implications also for lease guarantors.
• Avondale Park Ltd v Miss Delaney’s Nursery Schools [2023] EWCA Civ 641 – automatic termination of a lease upon non-satisfaction of condition subsequent, and implication of periodic tenancy on the same terms.
• MMI Properties v Shepherd (23.05.23, unreported) – unreasonable withholding of consent to lease assignment, where it might have turned out to be reasonable had the landlord waited longer for further information.
• Martin’s Commercial Ltd v Cineworld Cinemas Holdings [2022] EWHC 330 (Ch) – Stay of proceedings for arrears of rent, to allow determination under the Coronavirus arbitration scheme.
• Cairns v Committee of the Painshawfield, etc Estate [2023] UKUT 119 (LC) – modification of restrictive covenant refused, where the added control it provided over development constituted a benefit of substantial advantage, even though the impact on value was incapable of assessment.
• Re Fitness First Clubs Ltd [2023] EWHC 1699 (Ch) – High Court overrides objections of landlords to approve restructuring plan.
• GT Motoring Solutions v Williams (09.01.23, unreported) – landlord fails to prove intention to redevelop in opposed lease renewal.