Poundland Ltd v Toplain Ltd
County Court at Brentford, 7 April 2021 (claim F02BM162) · County Court at Brentford — DJ Jenkins · 2021
The question
On an unopposed renewal, could the tenant have a pandemic rent-suspension clause imposed on the landlord under s.35?
What was held
No. The court refused to write in a 50% rent suspension triggered by lockdown. It was not fair and reasonable to shift that risk onto the landlord without market evidence that such terms were being agreed.
County Court, unreported. Persuasive only; cite by court, judge and claim number.
For a landlord
The O'May burden protects you: novel risk-sharing terms will not be imposed unless the tenant proves the market has moved.
For a tenant
If you want a modern clause in the renewal lease, come with comparables and valuation evidence — fairness arguments alone will fail.
The provisions this turns on
Apply it to your matter
Read alongside this
- B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd[2023] EWHC 2495 (Ch)
- W (No.3) GP (Nominee A) Ltd & anor v JD Sports Fashion plcNottingham County Court, 22 October 2021 (E00DE178)
- Dukeminster Ltd v West End Investments (Cowell Group) LtdCounty Court, 2018 (reported in practitioner briefings)
- WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbHCounty Court at Winchester, 25 March 2021 (claim E01BS237)
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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.