WH Smith Retail Holdings Ltd v Commerz Real Investmentgesellschaft mbH

County Court at Winchester, 25 March 2021 (claim E01BS237) · County Court at Winchester — HHJ Richard Parkes QC · 2021

The question

Where both sides accept some form of pandemic clause, what should it say — and how much weight do pandemic-era comparables carry when fixing rent?

What was held

The clause went in, because its principle was agreed and only the wording was in issue. The court also addressed how far pandemic-affected transactional evidence can be relied on when setting the s.34 rent.

County Court, unreported. Persuasive only; cite by court, judge and claim number.

For a landlord

Read alongside Poundland: outcomes on modern clauses turn on the evidence and on what you concede, not on a fixed rule.

For a tenant

Getting the principle conceded early is what wins the clause. On rent, expect close scrutiny of distressed or turnover-based comparables.

The provisions this turns on

Apply it to your matter

Ask the assistantTest a rent or comparables argument against the Act and the cases.

Read alongside this

Need professional assistance with your lease?

This guide is general information, not legal advice. Deadlines under the 1954 Act are strict and a mis-served notice can cost you the renewal. If your matter is live, speak to a professional.

Professional advice at McGarrigle.co.uk Chat on WhatsApp

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.