Q&As

Can a landlord back-date insurance demands for a commercial tenant going back eight or nine years if lease is silent?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 20 December 2017

In any commercial lease it is important that provision is made for the insurance of the building. The obligation may be by way of a tenant’s covenant to insure the building, but more often is dealt with by the landlord providing the insurance with provision in the lease for the landlord to claim this sum from the tenant by way of service charge or as rent. In certain circumstances particularly with large commercial landlords it may be the case that this provision is overlooked for some time, leading the landlord then to demand a significant sum from the tenant as the accumulated liability for insuring

Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).