Bristol & West Building Society v Marks & Spencer plc
Bristol & West Building Society v Marks & Spencer plc
- 1991
- Estates Gazette (1991) 41 EG 139-147(3) .
ChD 14 December 1990. M&S had a large store in the centre of Reading bounded on one side by an arcade. M&S took a lease of the premises at the far end of the arcade. These formed only a small part of the whole of the M&S store, the rest of which they held as freehold. The premises on the arcade had doors which gave access to it. M&S was seen as a flagship store which brought in business. M&S claims that the arcade had deteriorated and shops were no longer being let easily. They also noted that the number of people using the arcade entrance represented less than 10% of people entering the store. They also suspected that the growing number of thefts in the shop were committed by people using the arcade entrance. They decided to shut the doors permanently from 4 October 1990. There was immediate protest from shopkeepers in the arcade. A clause in the lease said that tenants should `at all times observe and conform to all rules ... made by the lessors for the management of the said arcad
ACCESS
DOORS
FLAGSHIP STORE
LANDLORD AND TENANT
LEASE TERMS
MARKS AND SPENCER
RETAIL PROPERTY
SHOPPING ARCADES
ChD 14 December 1990. M&S had a large store in the centre of Reading bounded on one side by an arcade. M&S took a lease of the premises at the far end of the arcade. These formed only a small part of the whole of the M&S store, the rest of which they held as freehold. The premises on the arcade had doors which gave access to it. M&S was seen as a flagship store which brought in business. M&S claims that the arcade had deteriorated and shops were no longer being let easily. They also noted that the number of people using the arcade entrance represented less than 10% of people entering the store. They also suspected that the growing number of thefts in the shop were committed by people using the arcade entrance. They decided to shut the doors permanently from 4 October 1990. There was immediate protest from shopkeepers in the arcade. A clause in the lease said that tenants should `at all times observe and conform to all rules ... made by the lessors for the management of the said arcad
ACCESS
DOORS
FLAGSHIP STORE
LANDLORD AND TENANT
LEASE TERMS
MARKS AND SPENCER
RETAIL PROPERTY
SHOPPING ARCADES