Lease – Valuation
Landlord and tenant – Business premises – Rent review – New business tenancy requiring payment of open market rent – Parties asking court to determine rent – Whether judge failing…
Lease – Construction
A restrictive alienation provision is not desirable on rent review
The terms of a lease may not fully reflect the parties’ agreement
Business premises – Underlease – Assignment – Claimant lessee granting underlease of premises to defendants – Defendants assigning underlease to third party – Defendants guaranteeing payment of rent – Claimant…
Landlord and tenant – Lease
Landlord and tenant – Rent review clause – Determination of rent – Original tenant assigning lease to first defendant – Whether claimant landlord properly requiring surety on assignment – Whether…
Landlord and tenant – Lease providing for pre-emption right in favour of defendant landlord – Defendant claiming right of pre-emption at price equal to original premium for lease – Whether…
Commercial lease – Repairing covenant – Claimant acquiring premises subject to lease – Tenant selling business to defendant – Tenant having right to indemnity – Claimant alleging tenant’s breach of…
Premium – Payment by instalments – Unilateral mistake – Rectification – Claimant pleading mistake as to consequences of proviso to sale agreement – Whether claimant entitled to rectification transferring liability…
Modern leases usually allow landlords to collect service charges in advance, and to make a balancing charge to collect any shortfall at the end of the year.