All posts tagged "Privity of Contract"
Letting a Tenant off the Hook
Jan 2013 – With a business tenancy, agreeing the documentation is rarely straightforward at the best of times so, unless the lease contains a tenant–break, a landlord won’t normally expect the tenant to want to quit before expiry of the contractual term. When a tenant asks to be let off the hook, whether to agree […]
Privity of Contract and Authorised Guarantee Agreement
Feb 2013 – It is an established rule of English law that a person can only enforce a contract if he (or she) is a party to it, or a lawful assignee of the benefit of the contract. For a business tenancy, the “privity of contract” doctrine means the first (original) tenant can assign his […]
Rising property costs
Dec 1999 – In the open market, some retailers, for whatever reason, can afford to pay suppliers – ie, landlords – more rent than others. Whilst each individual agreement is nothing to do with anyone other than the parties involved, rising property costs for everyone suggests something fundamentally wrong. The obvious problem is that, because […]
Statutory Interpretation
Jun 2025 – In Darwall and another v Dartmoor National park authority 2025, a ruling by the Supreme Court about the public’s right to camp overnight on Dartmoor is interesting comment about statutory interpretation, following on from Pepper (Inspector of Taxes) v Hart 1992. The normal principles of statutory interpretation are to ascertain the meaning […]
Warning Signs
Sep 1984 – News is coming through that the banks are tightening up on their lending to Asian buyers for grocery businesses. Asians tend to treat their business interests as family concerns, injecting sizeable capital funds from consortium or family sources, with bank loans over 5-10 years, in exchange for an income level which would seem derisory to […]