Scenario

A solicitor is acting for a tenant who wishes to assign a 10-year commercial lease of restaurant premises. The lease was granted on 1 February 2018 and contains a fully qualified alienation covenant. The lease also contains a condition, agreed at the time of the grant pursuant to section 19(1A) of the Landlord and Tenant Act 1927, that the landlord may refuse consent to an assignment if the proposed assignee does not provide a rent deposit equal to six months' rent. The proposed assignee is willing to provide references and a personal guarantee from its director, but has refused to provide a rent deposit. The tenant's solicitor wrote to the landlord requesting consent to the assignment on 1 March. The landlord has not responded to the request for consent. It is now 1 May. The tenant has asked the solicitor to advise on the position. The proposed assignee has been trading successfully in the restaurant business for eight years. The rent under the lease is £60,000 per annum. The landlord's managing agent has informally indicated that the landlord is not opposed to the assignment in principle but is concerned about the absence of a rent deposit. The tenant is keen to complete the assignment as quickly as possible because the proposed assignee has threatened to withdraw if the matter is not resolved within the next month.

Scenario

A tenant occupies commercial premises under a five-year lease that was granted in 2020. The lease is protected by Part II of the Landlord and Tenant Act 1954. The lease is due to expire by effluxion of time on 30 September 2025. The landlord wishes to oppose the grant of a new tenancy. The landlord served a section 25 notice on the tenant on 1 March 2025, specifying a termination date of 30 September 2025 and stating that the landlord would oppose any application for a new tenancy on the ground that the landlord intends to demolish or reconstruct the premises. The landlord has obtained planning permission for a substantial redevelopment of the building and has entered into a building contract with a reputable construction company. The construction works are scheduled to begin on 15 October 2025. The tenant served a counter-notice within the required time period, indicating that the tenant is unwilling to give up possession. The tenant has now applied to the court for the grant of a new tenancy. The tenant argues that the landlord cannot satisfy the ground of opposition because the works could be carried out without the tenant giving up possession, as the tenant occupies only the ground floor and the works primarily affect the upper floors. The landlord argues that access through the ground floor is essential for the construction works. The tenant has been an exemplary tenant throughout the term, paying rent punctually and maintaining the premises to a high standard.

Scenario

A solicitor acts for a tenant taking a new 15-year lease of a commercial warehouse. The landlord's solicitor has sent a draft lease for approval. The draft lease contains a full repairing and insuring covenant requiring the tenant to keep the premises in good and substantial repair and condition throughout the term. The solicitor inspects the premises with the tenant and notes that the roof has some visible wear and the external brickwork shows signs of age-related deterioration. The premises are approximately 30 years old. The tenant is concerned about being required to carry out extensive repairs to the roof and external walls that pre-date the commencement of the lease. The solicitor considers what steps can be taken to protect the tenant. The landlord has indicated that the rent has been set at a level reflecting the current condition of the premises. The tenant is a medium-sized logistics company with a turnover of £8 million per annum. The tenant asks the solicitor whether there is a way to limit the repairing obligation to the current state of the property rather than requiring it to be put into a better condition.