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Tom Weekes

Tom Weekes QC



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Landlord & Tenant Disputes

Commercial landlord and tenant disputes comprise a substantial proportion of Tom’s practice. In particular, Tom is regularly instructed in disputes concerning:

  • Business tenancy renewals (opposed or unopposed, including for several national retailers).
  • Rent reviews including Lancecrest Ltd v Asiwaju [2005] 1 EGLR 40 (relating to whether time was of the essence in respect of a rent review deadline).
  • Consents.
  • Alleged breaches of covenant.
  • Forfeiture, including Scribes West Ltd v Relsa Anstalt [2005] 1 WLR 1847 (with a leader) (relating to forfeiture during the “registration gap”).
  • Terminal dilapidation claims, including for Citibank in Fairgate International Ltd v Citibank International plc [2006] 1 P&CR 2.
  • Break clauses, including MW Trustees v Telular [2011] L&TR 19 and Siemens Hearing Instruments Ltd v Friends Life Ltd [2014] EWCA Civ 382 (with a leader) (being decisions about compliance with break conditions).
  • Telecommunications cases (for both mobile phone companies and landlords). 

In the residential field, in Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust [2014] 2 P&CR 6 the issue was whether Hampstead Garden Suburb Trust might breach a covenant for quiet enjoyment in a lease if, acting under a statutory scheme of management, it granted consent for a basement (which, it was alleged, threatened to cause flooding to the lessee’s property). Tom appeared in Pirabakaren v Patel [2006] 1 WLR 3112 (a leading case establishing that a landlord is unable to forfeit a lease of mixed-use premises by peaceable re-entry).  He is regularly instructed on service charge disputes.  And he appeared in Falmouth House Ltd v Rahminzadeh [2008] NPC 17 (with a leader) (a leasehold enfranchisement case about an expert determination under a participation agreement).