That Retail Property Guy
Welcome to That Retail Property Guy, the podcast where retail property expert Gary Marshall champions retail tenants and empowers professionals across the industry. With a career spanning decades, a dozen retailers, and millions in recovered losses for leading UK retailers, Gary shares his unparalleled knowledge to help retail tenants protect their rights, navigate leases, and maximise opportunities often overlooked by landlords, estates and accounts teams.
This podcast is your go-to resource for unlocking the mysteries of retail property. Whether you're an experienced professional, a mid-sized chain, or someone just starting in the industry, Gary’s insights will help you build confidence, avoid pitfalls, and thrive in this complex field.
Through practical advice, real-world examples, and interviews with industry leaders, That Retail Property Guy is dedicated to fostering development and knowledge-sharing for the next generation of retail property experts.
Listen weekly and discover how small insights can lead to big wins for retail tenants everywhere. Start your journey to retail property mastery today!
That Retail Property Guy
Landlords at Renewal - competent, intermediate?
Understanding Landlord Competency in Lease Renewals
In this episode of 'That Retail Property Guy,' host Gary Marshall explores the legal competency of landlords under the 1954 Landlord and Tenant Act, as usual from the tenant's perspective. He discusses renewal rights under the 1954 Act, with potential consequences for tenants who are not in occupation for business or when dealing with subleases. He highlights the possibility for a new landlord to insert themselves into the chain of competency – with ensuing risks for the occupying tenant. Marshall highlights the criticality for tenants in identifying their true landlords, highlighting the importance of serving Section 40 notices to obtain robust data, and mentions the '14 month rule,' which determines a landlord's legal competence at lease-expiry to grant or oppose new leases.
00:00 Introduction to Retail Property Insights
00:41 Landlord Competency Under the 1954 Act
01:48 Identifying the True Landlord
03:35 Section 40 Notices and Tenant Rights
04:34 The 14-Month Rule Explained
05:24 Intermediate Tenants and Subleases
07:52 Landlord's Rights and Grounds for Possession
09:32 Case Study: Wicks vs. Marks and Spencer
10:45 Managing End of Lease Scenarios
13:56 Conclusion and Final Thoughts
The Times article: https://www.thetimes.com/business-money/companies/article/retailers-resort-to-ungentlemanly-tactics-in-uk-turf-war-870h6pb76
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Go to ThatRetailPropertyGuy for more on Gary Marshall, Smarter Estates and the TRPG podcast. You can also check out the TRPG Blog for reading versions of key episodes.
For our niche 'Accounts Recoverable in Retail Property' business services, visit SmarterEstates
And find Gary and team on LinkedIn for regular updates and community info!
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