The Business Law Reports
[2019] Bus LR 1970
Chancery Division
TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and others
BMG (Ashford) Ltd and others v TFS Stores Ltd
[2019] EWHC 1363 (Ch)
2019 May 13–16;
June 4
June 4
Judge Davis-White QC sitting as a High Court judge
Landlord and tenant— Business premises (security of tenure)— Waiver of protection— Landlords serving notice on tenant to render valid agreements to exclude statutory security of tenure provisions— Tenant’s statutory declarations acknowledging receipt of notices not including commencement date of proposed tenancies— Whether declarations substantially in prescribed form— Whether valid—
Landlord and Tenant Act 1954 (2 & 3 Eliz 2, c 56), s 38A (as inserted by Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (SI 2003/3096), art 22(1))
—
Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, Sch 2, para 8
Landlord and tenant— Holding over— “Wilfully”— Provision entitling landlord to double annual value where tenant “wilfully” holding over— Whether holding over wilful merely if done deliberately—
Landlord and Tenant Act 1730 (4 Geo 2, c 28), s 1