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 …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.