When shops go AWOL

Article Abstract:

The UK House of Lords' ruling in the case of Co-operative Assurance Society Ltd against Argyll Stores (Holdings) Ltd makes it clear that in almost all circumstances shopping centre tenants are not bound by keep-open covenants. It will be very rare for an obligation to continue trading from premises to be enforced by specific performance. In the vast majority of cases, a store which ceases trading will simply pay damages. This case will have significant implications for keep-open covenants in retail leases, and possibly also for positive obligations in commercial leases in general.

Interpretation and construction, Commercial leases

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Retail leisure survey results

Article Abstract:

Around 25% of retail and leisure outlets tenants, who were questioned, in the East Midlands, England, chose a new property because of its size once rent and position had been agreed. Around 25% of the 50% of respondents, who were prepared to reply, were not willing to pay more than 100 pounds sterling per sq ft in rent. Some 33% of respondents would use the services of a property consultant when looking for a new property. Retailers were prepared to agree to leases of, on average, just below 16 years.

Miscellaneous Store Retailers, All Other Amusement and Recreation Industries, MISCELLANEOUS RETAIL, Retail Trade NEC, Recreation NEC, Tenants, United Kingdom, Leisure industry, Recreation, Public opinion

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High stakes in Lottery sales

Article Abstract:

The question of whether shop tenants can sell National Lottery tickets without breaching shop-use covenants is discussed. Shop leases often include restrictions against gambling, betting and other uses. It is debated whether the sale of Lottery tickets for the purpose of gambling or betting is in breach of the covenant.

Lotteries, Other Gambling Industries, Laws, regulations and rules, Contracts, Lottery ticket vendors

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