Business lease – renewal – public houses – the new rent payable – the interim rent payable

Charles Brooker and anor v Unique Pub Properties Limited [2009] EWHC 2599 (Ch) (HHJ Hughes QC sitting as a Deputy High Court Judge) (7 September 2009)

This case concerned the renewal of a lease of a public house. Originally licensed premises were not subject to the security of tenure provisions of Part II of the Landlord and Tenant Act 1954 (the Act). But following amendment to the Act in 1991 they are now within the regime. All terms were agreed save for the rent. The issue in this case was the proper methodology to adopt when in cases where the rent of a public house has to be assessed under the Act. For this important reason the judge sat as a Deputy High Court Judge at the request of the parties.