Landlords’ consents and penalties: when can they giveth and taketh away, or try to
17th May 2017
May’s seminar will be presented by Philip Rainey QC and Harriet Holmes and will be delivered in two parts.
The first will examine landlord’s consent and refusals of consent. It will cover: seeking consent; dealing with the application; and when consent may be refused. It will also consider when consent may be granted inadvertently.
The second part is about penalty clauses. The Supreme Court’s decision in Cavendish Square Holding v Makdessi  UKSC 67 has recently been considered in the case of Vivienne Westwood Ltd v Conduit Street Development Ltd  EWHC 350 (Ch), a case in which the well-known fashion designer’s landlord sought to enforce a termination for breach provision within a side letter entered into upon the grant of the lease. The effect of that provision was that the tenant would be liable for a higher rent, both prospectively and retrospectively.
What is a penalty clause? What (if anything) has changed following the Westwood case? Do landlords need to re-consider their ‘side letters’ in light of that decision? These and more are the matters that will be examined.
- 14:00 – Registration
- 14:30 – Topic one: landlord’s consent and refusals of consent
- 15:30 – Tea / Coffee Break
- 16:00 – Topic two: penalty clauses
- 17:00 – Networking drinks
- De Vere Holborn Bars – Dickens Room, 138-142 Holborn, London, EC1N 2NQ