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This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece of legislation that was drafted to deal with the consequences of war damage and short supply of commercial premises during the 1950s. It highlights the narrow, technical rules and distinctions that make little sense to commercial parties. The paper aims to discuss these issues.

The paper considers recent court rulings in the light of the original purpose of the Landlord and Tenant Act 1954, focusing on provisions that were reformed in 1969-reflect changes in market conditions since the immediate post-Second World War period.

Narrow, technical rules and exceptions carry considerable risks for commercial landlords and may not be appropriate or necessary in current market conditions.

The paper examines only a recent selection of court rulings, but highlights the potentially harsh impact on commercial landlords of legislation designed to protect tenant interests in market conditions radically different from those prevailing some 60 years after its enactment.

With no immediate prospect of reform, the paper highlights the need for landlords to adhere closely to the precise technical requirements of the Act.

The paper is based on the author’s reading and analysis of recent Court of Appeal rulings.

Difficult economic and trading conditions make lease break options a point of significant legal tension between commercial landlords and tenants. For a tenant, the ability to break a lease provides a means of controlling costs and an exit from liabilities. For landlords, the loss of a tenant's covenant means an immediate adverse effect on the reversionary value of the property. The purpose of this paper is to examine recent English court rulings to highlight the need for strict compliance with break conditions if a tenant is to succeed in ending its liabilities.

The paper discusses recent rulings to assess the extent to which judicial interpretation of break clauses continues to favour landlords, and whether landlords' conduct in negotiations or correspondence leading up to the exercise of a tenant's break option might engage concepts such as estoppel to bind the landlord to a particular level of compliance or breach.

The paper concludes that the English court continues to apply a strict approach to compliance with break conditions, and that it remains the tenant's responsibility both to determine what needs to be done by way of compliance and to ensure that those steps are taken.

The authors place the most recent rulings on the perennially vexed issue of compliance with break conditions into a broader context, demonstrating that the judicial approach remains firmly based on the principle that a break option is negotiated for the tenant's benefit, and that any conditions precedent to exercise are highly likely to be construed against the tenant who agreed to a break conditional on anything other than service of notice.

In February 1984 Mr Ian Gow, the then Minister of Housing and Construction, established a Committee of Inquiry on the management of privately owned blocks of flats, under the chairmanship of the distinguished barrister Edward Nugee QC. The committee's report was published in the summer of 1985 and many of its recommendations are now set to become law. The proposed legislative changes will have major implications for both landlords and tenants of blocks of flats. The Nugee Report was the culmination of a series of papers in the past few years reflecting an increasing concern over the state of many blocks of flats. Recent publications on the subject include the James Report, produced by a working party established by the Royal Institution of Chartered Surveyors, and a paper emanating from the Building Societies Association entitled ‘Leasehold — Time for Change’ which urged the adoption of a system of strata title for properties in multiple occupation. No one should underestimate the difficulties which the Committee of Inquiry faced. ‘Bad flat management’ covers a multitude of different situations which can be viewed from numerous different perspectives. Disputes are not just confined to those between landlord and tenant. There are conflicts between the tenants themselves, particularly in older blocks built to be rented but broken up by the grant of long leases. Add to this the further complication that many blocks are now run by managing agents who may themselves be involved in battles with either the landlord or his tenants, and it will rapidly become clear that there were no simple solutions to be found. Each recommendation had to take account of all the potential problems and not simply tackle one at the expense of exacerbating another.

In formulating his theory of land rent, Ricardo did not take into account the fact that in the Europe of his time relationships between landlords and tenants were often regulated by customs that kept rents below marginal product, sometimes even in the long term. Since all those customs had a number of points in common, understanding the logic governing one of them can be a very useful way to gain an overall understanding of the phenomenon. This chapter analyses a case of such customs in the area of market-gardens surrounding the city of Valencia, eastern Spain. Here, tenants were by custom the owners of the improvements they carried out, agricultural efficiency increased, and land rents stagnated. The chapter addresses issues such as cooperation among large groups of people, definition of rights and the creation of property rights by means of social conventions that clashed with law.

Every day, landlords and tenants are confronted with the dilemma of financing tenant improvements. Both parties see financing tenant improvements as a necessity. The landlord sees his tenant improvement investment as a necessity to consummate leasing transactions, while the tenant sees its tenant improvement investment as a necessity to build out vacant space. But at the end of the day, the investment dilutes the balance sheet for both parties since tenant improvements are non‐earning depreciating assets with no residual value. This paper introduces a new financing methodology for tenant improvements that take both the landlord and tenant out of the business of financing these non‐earning assets.

No matter the size or scope of a biotech laboratory project, neither landlords nor tenants should rely on traditional ‘form’ documents to address the many complex leasing issues unique to this industry. When negotiating and documenting a biotech lab lease, five clauses warrant particular attention. ‐ Construction of tenant improvements: Build‐outs of lab space can be highly specialised and elaborate. Tenants will require detailed involvement in design and construction of improvements while landlords may limit, to the extent possible, tenant improvements to those that are financeable, resuable and ‘generic’. ‐ Security deposits: Greater security in the form of a deposit and letter of credit may be required to balance the potentially higher risks and longer terms of many biotech laboratory leases. ‐ Hazardous materials: Most biotech laboratories will work with hazardous materials. Specially tailored lease provisions can help limit liability and mitigate the potential costs of removal, remediation and litigation. ‐ Building services and utilities: Biotech users may require high levels of heating, ventilation and air conditioning (HVAC), plumbing, electrical and janitorial services. Lease provisions for services and utilities should be tailored to the unique intended use of biotech premises. ‐ Assignment of sublease: Given the rapidly changing nature of the science, tenants may require added flexibility to sublease space or to assign the entire interest in the lease. Although these five clauses address only some of the many issues that landlords and tenants should consider in biotech lab leases, they have implications that echo throughout the lease.

The paper aims to explore the potential impact that the introduction of the UK's carbon reduction commitment (CRC) energy efficiency scheme will have on: energy use in the tenanted commercial built environment; and the idea of the net lease.

The paper reviews various background documents preceding the implementation of CRC in order to identify the abatement incentives established. The common structure of commercial leases and the early property market reaction to CRC are also considered in order to explore how effective the CRC scheme is likely to be in achieving the twin goals of carbon saving and landlord‐tenant collaboration.

Key to the success of the CRC scheme will be the way in which the financial and reputational drivers established by the CRC scheme incentivise landlords and tenants to make technological and social changes to reduce energy consumption. Given the variety of ways that energy is supplied to tenanted commercial property, the complexity of the CRC scheme, the traditionally adversarial relations between landlords and tenants and the “split‐incentive” of commercial leases, energy abatement opportunities are found to be significantly more limited in the leasehold context than for owner‐occupied properties. Nonetheless, the paper notes that the introduction of the CRC scheme has begun an important conversation and is an important step towards tackling energy efficiency.

The paper brings together understandings of the legal framework of commercial leases, of the property market and practice, and the landlord and tenant relationship – to consider how the CRC scheme will help to deliver the UK's goal of reducing carbon emissions.

The purpose of this paper is to gain a better understanding of the role of culture in general, and social distance in particular, in influencing the choice and efficiency of various contractual modes in developing country agriculture. It aims to focus on sharecropping, but the model of social distance can be applied to any contract, mainly those in close‐knit village societies.

Principal components analysis (PCA) is used in the study to develop a social distance index for all sharecroppers, which is included as an independent variable in land productivity ordinary least squares (OLS) regressions.

Findings indicate social distance is a key determinant in sharecropping efficiency for marginal tenant farmers in rural Nepal. Specifically, social distance is found to be a significant factor in explaining land productivity differentials between owned land and sharecropped land.

Future research hopes to see whether social distance is also a significant factor in the efficiency and choice of bonded labor contracts. It intends to use simple OLS regressions for sharecroppers and bonded laborers separately in which: input use and land productivity are separate dependent variables, and the various factors or proxies of social distance are independent variables to test for their particular impact; each type of contract is the dependent variable to see the extent to which social distance affects the choice of tenancy; and social distance is the dependent variable so one can see the specific impact of different proxies. Given the small sample (although representative), the strong results in this paper are limited.

From a policy standpoint, the results suggest that a relatively egalitarian agrarian structure, insofar as it results in lower social distances among parties to land and labor contracts, would have a positive impact on productivity. Therefore, the object of agrarian reforms should not be to alter or constrain the form of contracts (for example by banning sharecropping) but rather to improve the social relations among contracting parties.

This paper is original and provides value in three ways: a conceptually and theoretically innovative model that explains sharecropping efficiency independent of standard explanations of market imperfections, transaction costs, and risk; in developing a new measure of social distance that allows the data to determine the weights of the independent variables in constructing social distance; and to see the need to more importantly study the changing social relations on which contracts are based and are often only one element of.

Despite the growing diversity of lease structures in different global economies, the existing literature related to property service charge mechanisms has been largely confined to the UK property market. This study aims to examine tenants’ perceptions, experiences and satisfaction with being responsible for service charges in New Zealand, where major office submarkets are dominated by alternative forms of leases with different service charge responsibilities.

The study uses a structured survey of 107 major tenants of New Zealand’s listed property trust-owned properties located in Auckland (where net leases dominate) and Wellington (where gross leases dominate) complemented by ten in-depth interviews with senior property managers of tenant organisations. The collected data were analysed using various statistical tests and thematic analysis.

The results identify that tenants who are directly responsible for service charges are significantly more dissatisfied with their operating expenses (OPEX) responsibilities than tenants who do not have direct service charge responsibilities. They are dissatisfied with the interpreting, budgeting, calculating, accounting, allocating and auditing processes in the service charge management process. Tenants who are directly responsible for service charges are significantly more dissatisfied with the operation and maintenance procedures of their buildings and have weaker relationship strengths with landlords. Tenant perceptions of being responsible for service charges vary with their power relationship with the landlord, lease expectations and priorities, financial constraints, willingness to take part in the management of the premises and trust in the landlord.

This research highlights the importance of understanding the complexity of service charge mechanisms in countries where there are no regulations or codes of practice governing them and their impact on tenant leasing behaviours, experiences and satisfaction. Here, the importance of developing more widely applicable codes of practice representing countries with different lease environments is highlighted. The findings also emphasise the importance of understanding the dynamics of key market agents that actively create lease environments and how they interact and behave within these contexts.

This paper aims to investigate the practices, drivers and barriers which influence the implementation of green leases in South Australia. Despite some efforts on legal aspects of green leases, only a few studies have examined these aspects from an operational perspective. In addition, very little empirical evidence was presented in previous studies to show how green leases work in real-life settings.

Data were collected using semi-structured interviews with landlord and tenant representatives who have considerable experience in green leases. These interviewees were selected via a purposive sampling technique that identified buildings which use green leases in South Australia. The concept of interface management (IM) was used to operationalize this research.

The green leases were found to be mainly initiated by tenants while government involvement, economic and environmental benefits are the main drivers in South Australia. Drivers such as staff retention, well-being and corporate social responsibility are found to be more relevant to tenants. Lack of awareness and transaction costs are the main barriers to the implementation of green leases.

This study focuses on the South Australian context and mainly covers dark green leases. There are implications for the government’s continued involvement and the promotion of lighter shades of green leases to overcome operational issues and barriers identified in this study.

This study contributes to the body of knowledge on the subject of green lease implementation from an operational perspective. In addition, the study introduces a conceptual framework via IM that could be used in future research endeavours.