top of page

Court upholds £1 market value rent due to inadequate evidence presented at trial


A recent high court decision upheld an annual rent of only £1 under a lease within the Landlord and Tenant Act 1954 (LTA) because of inadequate comparable evidence at trial. The case involved a lease of a youth centre. Because the centre was in a state of disrepair, it was originally let for a token rent of only £1 per annum. In addition, the lease required that the tenant monitor membership of the centre, allowing the landlord to take possession in the event that this dropped below a certain threshold.

When the lease was to be renewed, the landlord argued that the market value of the lease under the renewal provisions of the LTA was £16,000 a year, the tenant arguing that the original £1 a year sum was sufficient. At trial, the landlord backed its claim by producing figures demonstrating the value of supposedly equivalent leases. However the landlord had failed to provide the terms of these supposedly comparable leases so it was held that the evidence presented was not sufficient to prove the market value of the rent, especially given the onerousness of the clauses concerned in the lease in question. The landlord appealed the decision, but the High Court judge held that, while she was entitled to conduct her own analysis of the facts, she was not obliged to do so, ruling in favour of the tenant.

The key lesson from this case is the importance of providing clear and thorough comparable evidence at trial, especially when dealing with onerous clauses such as those involved in this lease. Failing to do so may lead to a costly and undesirable outcome, which may not be overturned at appeal.

ABOUT DAVITT JONES BOULD

As the largest, most experienced law firm specialising in real estate in the UK, we have been trusted advisors to the real estate market for 25 years. We have over 75 lawyers, all of whom joined us from senior in-house or private practice roles, and bring an average of 25 years’ post qualification experience each. With their expertise and commercial experience, we advise a prestigious client base in the public and private sector on the full spectrum of real estate legal issues, including commercial property, planning, property litigation, construction, environment, real estate finance and other related areas. Operating in our specialist area uniquely positions us to help other professional firms, and through our Real Estate Support solution we support teams in the silver circle, UK Top 30, US Top 50, the Big Four and beyond.

Website Privacy Policy

© 2025 Davitt Jones Bould Limited (DJB)

bottom of page