Lease renewal – interim rent – the modern approach – no new tenancy to be granted – the trial judge’s discretion

Neale v Witney Electric Theatre [2011] EWCA Civ 1032 (15 July 2011)

The 2003 Regulatory Reform amendments to the Landlord and Tenant Act 1954 made significant changes to the approach to be adopted in assessing the amount of interim rent to be paid. This is one of the few cases to get to the Court of Appeal on the subject. A wide discretion is vested in the trial judge, and this case discusses the approach to the exercise of that discretion.