Open all hours

Article Abstract:

Landlords often insert keep open covenants in lease contracts, particularly those relating to grouped retail premises. However, courts are presently unenthusiastic about enforcing such covenants and awards of damages may result in reduced rental levels. The introduction of Sunday opening and the general movement towards longer trading hours may explain why landlords continue to insert keep open clauses in leases. The law relating to keep open covenants is analysed and the implications of longer trading hours are discussed.

Retail industry, Retail trade, Commercial leases

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Giving with one hand...

Article Abstract:

The apparently outdated principle of derogation from grant has become very popular in the UK. There have been many cases in this area, and claims by a tenant that a landlord has derogated from his grant may often be linked with claims that he has repudiated the lease itself. It is clear that, in principle, a claim based on derogation from grant may be available even where there is no claim in nuisance. This principle may cover the acts of the landlord done on land purchased by him after the grant of the lease.

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Disability and rent review

Article Abstract:

Tenants who provide services or goods are seeking to make structural alterations to ensure compliance with the Disability Discrimination Act 1995. Employers must alter the working environment and working practices if a disabled job applicant or employee is disadvantaged, with landlords required to give consent for the required alterations to be made. Service providers must treat disabled people the same as everyone else and physical barriers must be removed.

Tenants, Discrimination against disabled persons, Handicapped discrimination

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