Commercial Lease in UK Law
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Mannai Investment Company Ltd v Eagle Star Life Assurance Company Ltd
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In determining the meaning of the language of a commercial contract, and unilateral contractual notices, the law therefore generally favours a commercially sensible construction. The reason for this approach is that a commercial construction is more likely to give effect to the intention of the parties. Words are therefore interpreted in the way in which a reasonable commercial person would construe them.
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Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
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If one approaches the question by reference to what the parties would have agreed, one is not strictly concerned with the hypothetical answer of the actual parties, but with that of notional reasonable people in the position of the parties at the time at which they were contracting. Secondly, a term should not be implied into a detailed commercial contract merely because it appears fair or merely because one considers that the parties would have agreed it if it had been suggested to them.
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Rossendale Borough Council v Hurstwood Properties (A) Ltd
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Counsel for the claimants sought to persuade us, in their written and oral submissions, that there was at least arguably still scope for the Ramsay principle to operate, with the consequence that the actions should not be struck out and there should be a full investigation of the facts at trial after the parties had fully pleaded their respective cases and disclosure had taken place.
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United Scientific Holdings Ltd v Mayor, Aldermen and Burgesses of the County Borough of Burnley now The Council of the Borough of Burnley
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So upon the question of principle which these two appeals were brought to settle, I would hold that in the absence of any contra-indications in the express words of the lease or in the interrelation of the rent review clause itself and other clauses or in the surrounding circumstances the presumption is that the time-table specified in a rent review clause for completion of the various steps for determining the rent payable in respect of the period following the review date is not of the essence of the contract.
However, where a rent review clause is associated with a true option (a "break" clause, for example), it is a strong indication that time is intended to be of the essence of the rent review clause—if not absolutely, at least to the extent that the tenant will reasonably expect to know what new rent he will have to pay before the time comes for him to elect whether to terminate or renew the tenancy (cf. Samuel Properties Ltd. v. Hayek [1972] 1 W.L.R. 1296).
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Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd
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Such significant inroads into the Tenant's right to enjoy the Premises free from interference is not a result it seems to me that the parties would have contemplated when executing the Lease. If such had been the intention of the parties to a commercial lease, one would expect to find much clearer words or indication to that effect within it.
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K/S Victoria Street v House of Fraser Ltd and Others
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Quite apart from raising abstruse issues as to who is the proferens (and, in particular, whether the issue turns on the precise facts of the case or hypothetical analysis), "rules" of interpretation such as contra proferentem are rarely decisive as to the meaning of any provisions of a commercial contract. The words used, commercial sense, and the documentary and factual context, are, and should be, normally enough to determine the meaning of a contractual provision.
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Corporation Tax Act 2010
... ... (f) the sale and lease-back of assets (see Part 19) ,(g) leasing plant or machinery (see Part 20) ... 29), s. 92(9)(b) ... 44 Trade must be commercial or carried on for statutory functions ... (1) Relief under section 37 is ... ...
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The Public Contracts Regulations 2015
... ... and in relation to the combating of late payment in commercial transactions ... Amendments (Textual) # F1 1972 c.68; section 2(2) was ... ” means public contracts which have as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products, ... ...
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Finance Act 2022
... ... release” means exhibition to the paying public at the commercial cinema,(b) a film is not regarded as intended for theatrical release ... 269ZX (increase of deductions allowance where provision for onerous lease reversed) is amended in accordance with subsections (3) to (6) ... (3) ... ...
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Land Registration etc. (Scotland) Act 2012
... ... ) The Keeper may make up and maintain a title sheet for a registered lease ... (3) The title sheet record is the totality of all such title sheets ... (1) The Keeper may provide consultancy, advisory or other commercial services ... (2) Those services need not relate to the law and practice ... ...
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The impact of lease structures on the optimal holding period for a commercial real estate portfolio
Purpose: – The purpose of this paper is to demonstrate the impact of lease duration and lease break options on the optimal holding period for a real estate asset or portfolio. Design/methodology/a...
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Bricks, mortar, and proptech. The economics of IT in brokerage, space utilization and commercial real estate finance
Purpose: Digital and information technologies (IT) are becoming silently pervasive in old-fashioned real estate markets. This paper focuses on three important avenues for the diffusion of IT in com...... ... While innovations will, nodoubt, have an impact on the ways in which we buy and lease commercial properties, the lessons from thehousing marketshould make us skeptical about the possibility of the new technologies dramatically ... ...
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Dominant and non‐dominant lease structures and their effect on place‐based valuation practices
Purpose: This paper aims to examine the experiences of valuers when valuing market dominant and non‐dominant standard lease structures. The research compares the perceptions and approaches of New Z...... ... and approachesof New Zealand valuers when valuing gross and net leases, two standard lease types commonlyutilised in the New Zealand commercial property market.Design/methodology/approach – The study employs a structured survey of 87 commercialvaluers practising in Auckland (where net ... ...
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Landlord and tenant update – hard times, strict compliance
Purpose: Difficult economic and trading conditions make lease break options a point of significant legal tension between commercial landlords and tenants. For a tenant, the ability to break a lease...... ... – Difficult economic and trading conditions make lease break options a point of significantlegal tension between commercial ... ...
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Notice of Application for Direction for Succession Tenancy on Retirement
Forms relating to agricultural lands and drainage, including notices of application.... ... (p lease specify below ): ... ... ... ... ... For the purposes of my application I am not the occupier of a commercial unit of agricultural land within the meaning of section 50(2)(b) and ... ...
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Notice of Application for Direction for Succession Tenancy on Death
Forms relating to agricultural lands and drainage, including notices of application.... ... For the purposes of my application I am not the occupier of a commercial unit of agricultural land within the meaning of section 36(3)(b) and ... , or will be, applying for a succession direction under section 39 (p lease give the name(s) below ): ... ... ... ... ...