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Update | Commercial property: current trends in lease renewals, nuisance covenants

Magnus Hassett considers current trends in lease renewals, a recent case ?on nuisance covenants, the most recent revision to the energy efficiency scheme, and when the ?court will re-draft a document

8 March 2013

There are likely to be a large number of 25 year leases, granted at the end of the 1980s, which are due to expire soon. Practitioners may therefore start to notice an increase in lease renewal work over the coming months. In the current letting market, it is likely that differences of opinion will arise between landlord and tenant on renewals as to the appropriate length of any new lease term. Flexible – in other words short – terms are likely to be sought by tenants but may be resisted by landlords. Unfortunately, from a landlord’s point of view, the Landlord and Tenant Act 1954 imposes no restriction on the shortest term that can be ordered by the court. The 1954 Act provides that the court may order what is ‘reasonable in all the circumstances’. Relevant factors when determining what is reasonable can include:

? the length of the old tenancy;

? the length of time...

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