Legal Director at law firm Hill Dickinson on the Commercial Rent Arrears Recovery regime being introduced next April; the validity of exclusivity covenants given by landlord to retail tenants since the competition law changes; and the Energy Act provisions which will prohibit renting out premises with poor EPC ratings from 2018

2. „Future of Town Centres‟ Conference
The only way is up
Bill Chandler
Hill Dickinson LLP
27 November 2013

3. “Rumours of my demise have
been greatly exaggerated”
Here lies
EXCLUSIVITY
AGREEMENT
Beloved cousin of
Restrictive
Covenant
RIP

4. Exclusivity agreements
• What happened on 6 April 2011?
• Property agreements subject to competition law
• Exclusivity agreements particularly vulnerable
• Defining the ‘market’ is crucial
• Still life in the old dog yet?

5. Run for your lives!
CRAR-RRRR!!

6. Commercial Rent Arrears Recovery
• What happens on 6 April 2014?
• CRAR replaces law of distress
• Rent only, not insurance rent or service charge etc
• 7 days notice to tenant
• Cannot use for mixed-use premises

7. We‟re all doomed!

8. Energy Act 2011
• What happens on 1 April 2018?
• F & G rated properties become unlettable?
• Another step on a long road
• What is YOUR strategy?
– Ostrich?
– Dustman?
– Superhero?

9. Bill Chandler
Legal Director
 0151 600 8725
bill.chandler@hilldickinson.com
www.hilldickinson.com