Non-Mandatory Leasebacks

The Upper Tribunal (Lands Chamber) has decided that a landlord, in a claim for collective enfranchisement by its tenants, was not entitled to require a leaseback of a unit that did not exist at the relevant date. By the same token, the landlord was not entitled to a leaseback of a unit, which was, or was included in, an area that was a common part at the relevant date. (Merie Bin Mahfouz Company (UK) Ltd v Barrie House (Freehold) Ltd [2014] UKUT 390 (LC).)

Written by James Naylor

Partner, CG Naylor LLP.