Park Cakes Ltd v Caterpillar Property Ltd
Unreported, County Court, March 2026 (M80LS041) · County Court · 2026
The question
Is an unexercised contractual option to renew an 'agreement for a future tenancy' under s.28, so that Part II protection falls away?
What was held
No. An option that has not been exercised is not a s.28 agreement. Protection continues unless the contracting-out formalities were properly completed.
Very recent first-instance decision, not yet tested on appeal.
For a landlord
Do not treat a renewal option in the lease as a substitute for contracting out — you need the s.38A procedure.
For a tenant
If your lease contains an unexercised option, you may still have full renewal rights. Check the s.38A paperwork.
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.