K/S Victoria Street (A Danish Partnership) v House of Fraser (Stores Management) Ltd & ors [2011] EWCA Civ 904; [2011] EWHC 3179 (Ch) – Law Journals

AGAs: The neverending story?

Bryan Johnston reports on the outcome of a recent High Court decision, and calls for further reform to the 1995 Act ‘The fact that judicial time is being taken up with cases arising from the operation of the Act emphasises its fundamental flaws and lack of commercial and at times rational application.’The Landlord and Tenant …

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Intra-Group Assignments: Where are we now?

James Batham and Thomas Grant QC discuss the recent case of Tindall Cobham v Adda Hotels [2014] and give their views on the law regarding intra-group assignments ‘It is encouraging to see the Court of Appeal in Tindall Cobham recognising the commercial realities of letting transactions underpinned by parent company guarantees, and interpreting lease provisions …

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Landlord And Tenant (Covenants) Act 1995: Yadda Yadda Adda

Bryan Johnston outlines an important post-K/S Victoria decision concerning repeat guarantees ‘The impact of repeat guarantees being void has caused a considerable amount of discussion within the industry and has created problems for both landlords and tenants.’ There has been a lot of talk about the Landlord and Tenant Covenants Act 1995 following the decisions …

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Tenant: A void assignment

James Batham and Thomas Grant QC discuss the implications of Lord Neuberger’s obiter comments in K/S Victoria Street, and the likelihood of such comments being confirmed in the future ‘Our view is that, despite the high authority of Lord Neuberger, if and when the point comes to be tested, the court would not conclude that …

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Landlord And Tenant Update: An end to a long-running SAGA?

Dellah Gilbert discusses where the decision in K/S Victoria Street v House of Fraser leaves tenants entering into AGAs and guarantors of such agreements ‘The Court of Appeal agreed with HoF that clause 3.5(iii) of the sale agreement frustrated s24(2)(a) of the Act as its aim was to prevent the release of HoF from its …

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