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Property Litigation Watch

Issue 7: December 2023

Property Litigation Watch

Editor's Note

Daniel Levy, Partner, Head of Real Estate Disputes, Real Estate

Welcome to the winter edition of Property Litigation Watch. In our final issue of 2023, Laura Odlind and Laura Tweedy discuss the background to the Renters (Reform) Bill, the key changes for landlords and tenants, and the timings for implementation, while Kathryn Sowter of Pelham Lease Advisory takes her turn in our 'Speaker's Corner Q&A'. Mark Reading and Isabel Emerson-Lich provide a step-by-step guide for tenants to navigate forfeiture by re-entry, and look at how sustainability concerns can affect lease renewal provisions. We also feature a piece from this summer, authored when The Court of Appeal handed down its judgment in the Vodafone Ltd v Potting Shed Bar & Gardens Ltd (formerly Gencomp (No7) Ltd) and AP Wireless II UK Ltd.

Read the full note

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A tenant's guide to navigating forfeiture by re-entry: Mark Reading and Isabel Emerson-Lich for EG

In periods of economic turbulence, there will be an inevitable increase in tenants of businesses premises falling behind on rent payments. Such tenants may then find that their landlord forfeits their lease by changing the locks, resulting in major business disruption. In these challenging circumstances, it is imperative for tenants to keep a calm head and obtain the correct advice.

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On the Horizon

On 10 October 2023 the High Court handed down judgment in B & M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd [2023] EWHC 2495 (Ch). This was an appeal of a decision in uncontested lease renewal proceedings and related to the decision of the County Court to insert a redevelopment break clause in the new lease exercisable immediately upon 6 months' notice.

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