Business leases – Perpetual renewals – Unilateral mistake – Rectification – No need for finding of dishonesty

Palo Alto Ltd and Others v Alnor Estates Ltd [2018] UKUT 231 (TCC) (HHJ Behrens)

This is a landlord and tenant case but its route was a little unusual – a disputed application to HM Land Registry referred to the Land Registration division of the First-tier Tribunal (Property Chamber) (FTT) and then on appeal to the Upper Tribunal (Tax and Chancery Chamber) (TCC). At that time FTT Land Registration division appeals went to the TCC, but that has changed and such appeals now go the Upper Tribunal (Lands Chamber) (LC). Four leases were entered into in identical terms save for the demised premises and rent payable. The parties agreed that one of leases – that for Unit 2- would be taken as a test case.