Business occupation: an unnecessary muddle

Article Abstract:

The UK Court of Appeal focused on the question of business occupation when ruling on the case of Bacchiocchi v Academic Agency Ltd. The main issue was whether the tenant had given up his rights to compensation under the 1954 Act by vacating the premises 13 days before the end of the lease. The Court ruled that the tenant had not given up business occupation during the last 13 days of the tenancy. It was decided that the tenant's actions were part of the normal activity of winding down a business with a view to vacating the premises.

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The implications of repairing obligations

Article Abstract:

The UK House of Lords ruled in the case of Liverpool City Council v Irwin, the key case on implied repairing obligations, that such an obligation must be imposed in connection with the essentials of the tenancy without which the use of the premises would not be possible. The other main circumstance under which a repairing covenant may be implied under common law is where it is not possible to fulfill an express liability which is imposed on one party unless the other party is subject to a corresponding obligation.

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