B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd
[2023] EWHC 2495 (Ch) · High Court (Chancery Division) — Miles J · 2023
The question
Where a landlord cannot make out ground (f) at trial but does have genuine future redevelopment plans, can the new lease still contain a redevelopment break clause?
What was held
Yes. The court may impose a rolling redevelopment break where that strikes a fair balance between the tenant's security and the landlord's plans.
For a landlord
Losing the opposition is not the end. Plead the terms case in the alternative and seek a break clause with a workable trigger.
For a tenant
Winning the right to renew does not guarantee a clean term. Argue for a longer protected period, notice length and a rent that reflects the break.
The provisions this turns on
Apply it to your matter
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Case summary for general guidance only, not legal advice. Judgments turn on their own facts and later decisions may qualify them — check the primary transcript before relying on any point in correspondence or proceedings.