Commercial Property Updates from October 2024
Premature attempt to forfeit lease
Leicester Square (2015) Ltd v Empire Cinema 2 Ltd [2024] EWHC 2294 (Ch)47
A landlord’s failed attempt to forfeit a lease for non-payment of rent falling due during lockdown, having miscalculated the duration of the moratorium on remedies imposed by the Commercial Rent (Coronavirus) Act 2022.
Trespass by drone
Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613
Drone flying over a vacant site was a trespass where the purpose of the flight was to take footage and photos which would facilitate and encourage trespass by other people.
Terrorism (Protection of Premises) Bill
Forthcoming legislation will require risk assessment and precautionary measures to protect premises against terrorist activity.
Lease renewal terms – break clause
Kwik-Fit Properties Ltd v Resham Ltd [2024] EWCC 4
A tenant fails to justify inclusion of a break clause in a renewal lease.
Learning Objectives:
To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.
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Mark Shelton
Commercial Property Management Law Trainer • CPM Law Training Ltd
Mark Shelton is a freelance legal trainer, having practised in major commercial law firms for thirty years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds Sutherland LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette, Property Week and Property Law Journal, and the author of books on:
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