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Welcome to the November Edition of Open Door.
This month's edition:
- reviews the recent House of Lords decision in the English case of Scottish & Newcastle plc v Raguz, which provides a welcome decision for Landlords in relation to interpretation of section 17(2) of the Landlord and Tenant (Covenants) Act 1995, clarifying that the additional rent that may become payable following a rent review would not be regarded as "due" until the rent review is agreed between the parties or determined by a third party;
- reflects on the outcome of the Court of Session appeal in the Scottish case of Trygort (Number 2) Limited v UK Home Finance Limited, which looked at whether past breaches by the tenant would prevent it from exercising an option to terminate the lease early.
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