000 01617cam a2200277 4500
001 ABS66614
008 030430n2003 000 0 eng u
035 _a(Sirsi) u122136
100 _aShepherd, N.
245 2 _aA do-it-yourself solution
260 _c2003
490 _aEstates Gazette
_v(0310) 8 March 2003, 159(1)
520 _aDiscusses the case "Allied Dunbar Assurance plc v Homebase Ltd ([2002] EWCA Civ 666, Abs65740) in which the CA ruling has made it harder for tenants to sublet commercial premises below the full market rental value. Considers the implications of the decision, as some freeholders will ignore "Homebase" and permit a side agreement rather than have the risk of an empty property. To avoid the need for a side agreement, the solution is suggested that a subtenant returns the reverse premium to be held as a rent deposit. The tenant's cashflow would improve with each quarter as the subtenant paid rent at the full rate. At the end of the term, the reverse premium would be recouped by the tenant and the rent deposit would be returned. Concludes that the suggested solution will allow tenants to dispose of premises that could not otherwise be sublet.
590 _aABS
650 _aHOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
650 _aSUBLETTING
650 _aSUBLEASES
650 _aPROPERTY-COMMERCIAL PROPERTY
650 _aSIDE AGREEMENTS
650 _aCOMMERCIAL TENANTS
650 _aLANDLORD AND TENANT ACT 1954
650 _aVALUE ADDED TAX
650 _aRENTAL INCOME
690 _aLANDLORD AND TENANT-BUSINESS TENANCIES
942 _n0
999 _c72582
_d72582