000 01861cad a22001935a 4500
001 L146772
008 090225e20081208xxk f v 000 0 eng d
035 _a(Sirsi) u146772
041 0 _aeng
245 0 0 _aBoots UK Ltd v Trafford Centre Ltd
_h[electronic resource]
260 _c2008
520 _a[2008] EWCH 3372(Ch), 8 December 2008. Case shows that Landlords' solicitors need to be careful when drafting service charge clauses. A claimant tenant (B) argued that entertainments and attractions provided by the defendant landlord of a shopping centre (T) should not be covered under the service charge in its commercial lease. It argued that they should count as promotions aimed at attracting more customers. Under the lease, tenants had to pay all costs of entertainments and attractions deemed amenities for the centre. However, their liability to pay for promotions that bring in more customers is limited and shared with the landlord. Held: preliminary issue determined in favour of the landlord. The Court determined that the definition of 'promotion' within the terms of a lease should be decided not by attempting a comprehensive definition, but to decide whether it was within the ordinary understanding of a form of promotion. The attraction in this case were only serving the centre and not for wider promotion within the terms of the lease. Accordingly, the tenant and other tenants on similar leases have to pay for the costs of entertainment and attraction through service charge.
590 _aKA
650 2 4 _aBOOTS UK LTD V TRAFFORD CENTRE LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL SERVICE CHARGES
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2008/3372.html
_zView the report at www.bailii.org...
942 _n0
999 _c81285
_d81285