UK commercial property lease structures: Landlord and tenant mismatch

UK commercial property lease structures have come under considerable scrutiny during the past decade since the property crash of the early 1990s. In particular, tenants complained that the system was unfair and that it has blocked business change. Government is committed, through its 2001 election manifesto, to promote flexibility and choice in the commercial property lettings market and a new voluntary Commercial Leases Code of Practice was launched in April 2002. This paper investigates whether occupiers are being offered the leases they require or whether there is a mismatch between occupier requirements and actual leases in the market. It draws together the substantial data now available on the actual terms of leases in the UK and surveys of corporate occupiers' attitude to their occupation requirements. Although the data indicated that UK leases have become shorter and more diverse since 1990, this is still not sufficient to meet the current requirements of many corporate occupiers. It is clear that the inability to manage entry and exit strategies is a major concern to occupiers. Lease length is the primary concern of tenants and a number of respondents comment on the mismatch between lease length in the UK and business planning horizons. The right to break and other problems with alienation clauses also pose serious difficulties for occupiers, thus reinforcing the mismatch. Other issues include repairing and insuring clauses and the type of review clause. There are differences in opinion between types of occupier. In particular, international corporate occupiers are significantly more concerned about the length of lease and the incidence of break clauses than national occupiers and private-sector tenants are significantly more concerned about leasing in general than public-sector occupiers. Proposed solutions by tenants are predictable and include shorter leases, more frequent breaks and relaxation of restrictions concerning alienation and other clauses. A significant number specify that they would pay more for shorter leases and other improved terms. Short leases would make many of the other terms more acceptable and this is why they are the main concern of corporate occupiers. Overall, the evidence suggests that there continues to be a gap between occupiers' lease requirements and those currently offered by the market. There are underlying structural factors that act as an inertial force on landlords and inhibit the changes which occupiers appear to want. Nevertheless, the findings raise future research questions concerning whether UK lease structures are a constraining factor on UK competitiveness.

A treatise on the law of landlord and tenant. To which is added an appendix of precedents.

In The Law library. Philadelphia, 1834. v. 6, Oct./Dec. 1834, no. 1.

The law of landlord and tenant : being a course of lectures delivered at the Law Institution /

Includes index.

Binns's justice : Digest of the laws and judicial decisions of Pennsylvania, touching the authority and duties of justices of the peace: including all the required forms of process, docket entries, and fee bills ... The whole law in relation to landlord and tenant; insolvent debtors; elections; and fees: the general enactments of the inspection laws; militia laws; and many other laws: with an infinite variety of law forms ... /

The Magistrate's vocabulary of law terms and law phrases: p. 41-61.

Land nationalisation, its necessity and its aims : being a comparison of the system of landlord and tenant with that of occupying ownership in their influence on the well-being of the people /

"First ed. ... 1892; second ed. ... 1896; third ed. ... 1902; fourth ed. ... 1906."

The rights, duties, remedies and incidents belonging to and growing out of the relation of landlord and tenant ... with forms,

"Volume III devoted to summary proceedings."

The law, without the advice of an attorney. Or, Every man his own counsellor. Containing the laws of Pennsylvania relative to bonds, promissory notes, deeds, mortgages, judgments, limitation of actions, leases by parol, property exempt from distress and levy, register and recorder, witnesses, jurors, and constables fees, education of poor children, interest, landlord and tenant, constables, innkeepers, livery stable keepers, mechanics' lien, stage drivers, carters, inland navigation, roads, bridges, fences, strays, swine, water courses, hunting &c. Together with a number of forms and other legal information useful to the farmer, mechanic, or man of business.

Mode of access: Internet.

Casebook on Landlord and Tenant Law

This book provides a comprehensive coverage of the law of landlord and tenant, including the leading cases in the main subject areas. In addition to extracts from leading judgments, each chapter has a section of introductory text, as well as detailed discussive commentary linking the extracts.

Landlord and tenant law

This second edition contains many new questions covering recent developments in the field of landlord and tenant law including Bruton v London and Quadrant Housing Trust, Hemmingway Securities Ltd v Dunraven Ltd, British Telecommunications plc v Sun Life Assurance Society plc and Graysim Holdings Ltd v P&O Property Holdings Ltd. New topics covered also include the Landlord and Tenant (Covenant) Act 1995, the Contracts (Rights of Third Parties) Act 1999 and the Agricultural Tenancies Act 1995. In addition the authors have made substantial revisions to existing questions in order to bring them in line with recent case law and statutory provisions, which include the Housing Act 1996 and the Unfair Terms in Consumer Contracts Regulations 1999. The book also contains guidance on examination technique and achieving success in the exam.

Questions and answers:Landlord and tenant Law

The law of landlord and tenant has become an increasingly complex area for both professionals and students. Apart from the double hurdle of mastering both common law principles and statutory codes, various aspects of the subject have become increasingly specialised and challenging. This new edition of Question and Answer Landlord and Tenant demonstrates that even complex problems can be explained in straightforward and inspiring terms. The authors, both experienced academics and barristers, provide detailed answers to typical questions in this difficult field. The third edition of this book has been updated in the new Question and Answer style of questions followed by commentary, bullet points and diagrams and flowcharts. It offers new questions based on the latest recommendations of the Law Commission on renting homes and the abolition of the law of forfeiture. There are new questions on the human rights dimension, the recent changes to Part II of the Landlord and Tenant Act 1954 and the substantial amendments made to leasehold enfranchisement under the Commonhold and Leasehold Reform Act 2002.

Enforceability of leasehold covenants and the landlord and tenant (Covenants) Act 1995

Describes the impact of the English Landlord and Tenant (Covenants) Act 1995, reforming liability in the context of new leases, extending the 'touching and concerning' requirement so all covenants 'run with the land' (with some exceptions), and abolishing the enduring liability of the original tenants and landlords. Explains that landlords will have more freedom to prescribe in advance the circumstances in which they consent to an assignment, referring also to changes in default notices requiring an 'early warning' to defaulters, and overriding leases, with a remedy for former tenants. Expects future leases to be shorter as landlords realize they cannot hold original tenants liable any more.