Milton McIntosh considers recent decisions on reserved rights of entry, disputes over rent arrears and rent reviews, the legality of virtual assignments and the validity of break notices

The decision in Heronslea (Mill Hill) v Kwik-Fit Properties [2009] EWHC 295 (QB) shows the importance for landlords, when granting leases, of expressly reserving all the rights of entry that they might need to exercise during the term.

Heronslea had reserved the right to enter onto premises demised to Kwik-Fit for the purpose of “inspecting the premises for any purpose or making surveys or drawings of the premises”. It wished to undertake an environmental investigation survey which would have involved drilling 14 boreholes of various depths of up to 20 metres. Kwik-Fit refused Heronslea access on the basis that the reserved right did not cover such activities.

Heronsea argued that “survey” meant more than making plans and d...

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