- Onerous rent concession letters – landlords beware (Vivienne Westwood v Conduit Street)
- Original news
- What are the practical implications of this case?
- What did the court decide?
- Was the threshold test satisfied?
- Did the landlord have a legitimate interest in performance of the primary obligation?
- Was the secondary obligation exorbitant or unconscionable compared with the loss likely to flow from the breach?
- Case details
Property analysis: The termination provisions in a rent concession letter were unenforceable as a penalty. This meant that the rent remained capped at £125,000, despite the fact that the open market rent had been agreed at £232,500.
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